logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2019.07.04 2019고단461
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 one year 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 passenger car in B.

On April 20, 2019, the Defendant driven the above car on April 18:35, 2019, and proceeded two lanes prior to D in Tong Young-si, through E, from E-sections to the Korean Electric Power Station.

The Defendant, while under the influence of alcohol, was negligent in neglecting the duty of front-time drinking while driving a motor vehicle while driving the motor vehicle in a state where normal driving is difficult due to influence of alcohol, due to the Defendant’s negligence, caused the Defendant’s 4,5-day left-hand side of the bicycle driven by the victim FF (the age of 60) who is driven by the road along the right-hand side of the motor vehicle to the right-hand side of the motor vehicle of the Defendant, resulting in the Defendant’s 4,5-day left-hand side in need of treatment for about 4 weeks.

2. The Defendant violated the Road Traffic Act (driving) at a time and time, as set forth in paragraph (1), driven a vehicle as set forth in paragraph (1) while under the influence of alcohol 0.162% in a section of about 450 meters from the front of a restaurant in the fixed and unfluent trade name at common time to the front of D in C.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. An accident site map;

1. An accident site photograph;

1. The circumstantial statement of the employee;

1. Inquiry into the enemy;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 and Article 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. Article 62 (1) of the Criminal Act;

1. The record of being punished once by a fine for the same crime as the sentencing of Article 62-2 of the Criminal Act was committed.

arrow