logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.03.30 2017고단345
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

[criminal history] On May 23, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Daegu District Court on May 23, 2013, and on November 6, 2015, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court and was sentenced to a fine of KRW 3 million for the same crime at least twice.

[Criminal facts] The Defendant is a person who is engaged in driving of a passenger car at low-priced typ.

On December 11, 2016, without a driver's license of a motor vehicle around 19:00, the Defendant driven the foregoing motor vehicle while under the influence of 0.281% alcohol during blood, and led to a flown distance of the inspection team in Daegu North-gu, Daegu to run about 10 to 20 km each other in the direction of the distribution hospital.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and operation of the steering and operation of the steering system.

Nevertheless, the Defendant, while driving under normal driving due to drinking, led the Defendant to drive a motor vehicle in the same direction by negligence, which is driven ahead of the same direction.

As a result, the Defendant suffered injury to the victim, such as fluoral salt fluor, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking, the driver's license ledger, and a survey report on actual condition;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of Road Traffic Act.

arrow