logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.05.30 2018고단6796
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car B.

At around 03:20 on October 21, 2018, the Defendant driven the said vehicle in the direction of the eronomic basin in D while under the influence of alcohol concentration of 0.15% by driving the said vehicle under the influence of alcohol concentration of Gangseo-gu Seoul Metropolitan Government C.

At the time, under the influence of alcohol content 0.155%, the Defendant was under the influence of alcohol, and the Defendant was unable to properly operate the steering gear and steering gear. Accordingly, the Defendant shocked the back of the two-wheeled automobile of the victim E (the age of 22) who is standing in the atmosphere signal from the front bank, and caused the shock to the front part of the victim E-motor vehicle, which was under the influence of the victim E-motor vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim E to suffer injury, such as a conjecture and tension, which requires treatment for about two weeks.

2. Around 03:20 on October 21, 2018, the Defendant driven a Category B car with blood alcohol content of 0.155% at a section of about 300 meters from the J-cafeteria’s front road located in Gangseo-gu Seoul Metropolitan Government I to the J-cafeteria’s front road in Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and the actual condition report of the driver;

1. Notification of the results of drinking driving control and the application of Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 8, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Orders for probation and education;

arrow