logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.08.16 2018고단2027
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle in B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 5, 2018, while the Defendant driven the said car while under the influence of alcohol 0.160% during blood transfusion around 06:05, while driving the said car at a speed of about 30 km from the side of the Hanuri church, Yongsan-gu Seoul, Seoul, at a speed of about one speed of about 30 km from the side of the Hanuri church, one-way road in the front of Yongsan-gu Seoul, Seoul, and driving the car at a speed of about the speed of 30 km, the Defendant was driven at the front end of the Do (69 years) while driving the e-tax that is proceeding in the front bank due to the influence of drinking, as the face color is red, unfolding, and flowing, and was driven at the front end by the negligence of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment by occupational negligence as above, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.160% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. The application of Acts and subordinate statutes to the traffic accident report, the actual survey report, the investigation report on the situation of the driver at the main place, the diagnosis report and the application of Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the automobile is covered by the comprehensive automobile insurance, the fact that the automobile is recognized by mistake, and the fact that it is against it);

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

arrow