logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.02.13 2017고단7719
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

The Defendant is a person who is engaged in driving a car with a ASEAN.

On October 7, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.177% during blood transfusions on 05:05, while normal driving is difficult, and driven the said car on a three-lane road in front of Gangnam-gu Seoul Metropolitan Government along the two-lanes of the road, leading the said two-lanes into a new active military military military military military air room in front of Seoul, and changed the course to one-lane in order to make an illegal internship.

At the same time, the victim D(46) driver's car is under way on the left side of the vehicle, and thus the defendant engaged in driving the vehicle has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent the traffic accident by driving the vehicle in a clear mental condition.

Nevertheless, the Defendant neglected to do so and changed the car car rapidly into one lane, and caused the part of the right side of the car of the car of the car of the car of the car of the car of the A.I.D.

As a result, the Defendant suffered injury to the victim D, such as brain ties requiring a three-day medical treatment, and suffered injury to the victim F (PP) who was accompanied by the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 (the degree of damage is not so large).

arrow