logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.07.05 2018고단1589
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 engaging in driving a NF rocketing car.

On May 10, 2018, the Defendant driven the said rocketing car with a alcohol level of 0.143% 0.143% while under the influence of alcohol during blood transfusion around 22:31 on May 10, 2018, and led four lanes in front of Songpa-gu Seoul Metropolitan Government C, one of the five-lanes of Seoul, to drive at a sloping speed.

Since there are vehicles in operation on the front side, there was a duty of care to secure safety distance and drive safely by checking the front side and the left side.

Nevertheless, the Defendant neglected this and sustained injury to the victim D(64) with the top part of the left-hand panion part of the said NF rocketing car, which was driven by the victim D(64) due to the influence of alcohol, such as clocks, tensions, etc. which require treatment for about 10 days for the following reasons: (a) the victim F (F) who is the seat of the said rocketing taxi, who is the seat of the said rocketing taxi, was in need of treatment for about 2 weeks; and (b) the victim F (F) who is the seat of the said rocketing taxi, was in need of treatment for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, relevant photographs, field map, records of drinking measurement, and a report on the detection of a driver at home;

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. Although the ordinary concurrent prosecution was prosecuted only for substantive concurrent crimes, it appears that it was omitted from the application of the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (see Supreme Court Decision 2009Do3505). Articles 40 and 50 of the Criminal Act (which is between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the crime committed against victim F with heavier penalty.

arrow