logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.11.08 2018고단4417
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The Defendant is a person engaging in driving a rocketing car.

On July 30, 2018, the Defendant driven the said car under the influence of 0.247% in alcohol level from blood, while driving the said car under the influence of alcohol level of 0.23:20% on July 30, 2018, while driving the said car on the Eth page, and driving it on the Ethical side, the Defendant was followed by the victim G (W, 43 years old) who was in the signal waiting in the front line with the said car, due to the occupational department and the room where the Defendant was unable to neglect the steering time while under the influence of alcohol level and to accurately operate the steering and steering system.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as dump of the cule for about two weeks in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

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

1. Statement report on the circumstances of a driver who is placed in driving, report on the investigation of the driver who is placed in driving, and report the results of regulating drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] [the scope of punishment] under Article 62(1) of the Criminal Act on the grounds for sentencing [the grounds for the suspended sentence] where a minor injury occurs in the basic area (4-1 year to 1 year) [the person subject to special mitigation] [the (1) type] ] in the case of driving alcohol, etc., the scope of sentence comparison between the applicable sentences and the recommended sentences: April-1 year [the sentence] disadvantageous to the defendant: negligence on the occurrence of traffic accidents, and the degree of main sentence is very serious.

arrow