logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.10.20 2015고단2437
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 who is engaged in driving a B-Epurd vehicle.

On July 19, 2015, the Defendant driven the said vehicle as his/her business under the influence of alcohol concentration of 0.298%, while driving the said vehicle under the influence of normal driving due to the alcohol concentration of 0.29%. On July 23:0, 2015, the Defendant driven the said vehicle bypassing about about 30 km from the 2nd apartment room in the speed of the upper amba-gu, Yasan-dong 1416-9.

In such cases, the driver has a duty of care to prevent accidents by accurately manipulating the front and the left and right of the driver and accurately manipulating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting his/her duty and driving on the left-hand left-hand turn at the Dial Ballast of C Driving, who is proceeding to the intersection in accordance with the new subparagraph, caused the victim E (e.g., 31 years of age) who moved on the top of the above ballast Vehicle to the front left-hand part of the driver's seat of the vehicle of the above Aburoned Aburon, by shocking the back part of the front left-hand part of the vehicle of the above Aburon, and caused the victim E (e.g., the 31 years of age) to take a brea

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Entry of traffic accident-related persons in preparation of E;

1. Application of the Acts and subordinate statutes as stated in the traffic accident report, traffic accident report, notification on the results of the drinking driving control, report on the situation of drinking drivers, and medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Class I traffic accidents of Article 62(1) of the Criminal Act, the scope of recommendation and punishment for sentencing, and the general traffic accidents of the same type;

arrow