logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2013.05.22 2013고단261
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:10 on January 12, 2013, when the Defendant was under the influence of alcohol by 0.236%, the Defendant driven Bone Star-Engine with a blood alcohol concentration of 0.236%, and proceeded three-lanes from the 4-lane distance prior to the air-conditioning distance of old fugitives to the sprinked air-conditioning. The Defendant was under the influence of the Defendant, due to the Defendant’s negligence in the course of driving the C (27 years old)’s driving, who was in the atmosphere of the same lane, while neglecting the duty of electric-conditioning in the drinking state, and thereby, was under the influence of the Defendant’s operation.

Ultimately, the Defendant suffered cage cage cages, etc., which require three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Request for appraisal, report on the driver's license, and report on the driver's license (15 pages of investigation records);

1. Application of Acts and subordinate statutes of a 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, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order Act [Determination of Punishment of Specific Crimes] : The crime of violation of the Road Traffic Act by causing traffic accidents in general traffic accidents: the crime that has not been established in sentencing guidelines [Special Aggravation]: Where illegality in the proviso of Article 3(2) of the Special School Traffic Act is serious [the scope of decision and recommendation punishment in the recommended area] increased area, August to June [the general person] mitigated area, August to June 1: There is no history of subscription to the comprehensive automobile insurance and criminal punishment [the suspension of execution of sentence]. The major reason for conviction in the proviso of Article 3(2) of the Special School Traffic Act is the major reason for pride:

arrow