logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.10.01 2013고단1365
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a ASEAN car.

On April 4, 2013, the Defendant driven the said car with a blood alcohol content of 0.057% as a job under the influence of alcohol at around 23:56, while driving it along four-lanes in the direction of the Yongsan-gu Office in the Gu, Yongsan-gu, Seoul, at a high level of the tride of the road located in the 25-ro 1, the Defendant: (a) without operating the steering gear under the influence of alcohol; (b) intrudes the sidewalk into the sidewalk without properly operating it; (c) took the body of the victim F (n.e., 29 years of age) and the victim G (30 years of age) into the front part of the said car; and (d) caused the victim F to have the victim F die die death at the I Hospital located in Yeongdeungpo-gu, Seoul on April 15, 2013, and at the same time, caused the victim to suffer injury in need of approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to J and K;

1. A statement of damage;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A death diagnosis report and a diagnosis report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime committed;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (mutual crimes of death or injury caused by dangerous driving) of the same Act;

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes) ;

1. Article 62(1) of the Criminal Act provides that the defendant of the suspended sentence shall have reached an agreement with the bereaved family members of the F and the G of the victim, that the vehicle is covered by the comprehensive automobile insurance, and that the defendant shall be the defendant.

arrow