logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.20 2016고단3874
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 16, 2016, the Defendant: (a) was under the influence of alcohol in the “C” parking lot located in Young-gu, Young-gu, Young-gu; (b) the victim F (20 years of age) who was parked at the same place while driving a DM5 vehicle, and the victim F (20 years of age) who observed DM7 vehicle was trying to flee. The Defendant was under the influence of alcohol at the 'C’ parking lot in Young-gu, Young-gu, Suwon-gu, Suwon-si; and (c) the victim F (20 years of age) was under the influence of the Defendant, and was under the victim’s left knee as the front

As a result, 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 an injury to the left-hand slot machine that requires medical treatment for about two weeks.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking), although the Defendant was required to respond to the measurement of drinking in such a way as to put about about 30 minutes from a slope I while moving to a G box of the Suwon-nam Police Station, on the same date and at the same place, there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, following a measurement of the drinking reduction level by a policeman belonging to the Suwon-Namnam Police Station G box of the Suwon-nam Police Station, who was dispatched after receiving 112 a report, and appeared to have a response to drinking according to the measurement of the drinking reduction level by H, smelling alcohol, and raising

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act and the selection of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the scope of the sum of the long-term punishments of the above two crimes: Provided, That the lowest limit shall be the penalty determined for the violation of the Road Traffic Act (Refusal of measurement);

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

arrow