logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.12.22 2016고단1020
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BS3 car.

1. On October 2, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was in difficult to drive normally due to influence, such as influence of blood alcohol level by 0.239% due to the incorrectness, etc., on or around October 19:5, 2016, the Defendant was driving one-lane of the two-lanes in front of the Jinwon-gun, Gangwon-do, Geum River-ro 92, the front part of the two-lanes in front of the Jinwon-gun,

In such cases, the defendant has a duty of care to maintain the safety distance with the vehicle in front by accurately operating the brake system with the prior direction.

Nevertheless, the Defendant neglected to do so and instead received the part of the victim C(the age of 67) driver's car following the Denta of the victim C(the age of 67) driving in the front section of the above EM3 car.

Ultimately, the Defendant, as seen above, driven the said IM3 car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of treatment.

2. On the date and time set forth in paragraph (1), the Defendant driven an IM3 car at a section of approximately 1.5 km from the original passage of the Gangwon-do Gangwon-do in the front side of the 285 nuclear driving school to the place set forth in paragraph (1) while under the influence of alcohol by 0.239% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing, and the report on whether to drive any danger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for

1. The Criminal Act among concurrent crimes.

arrow