logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2015.10.27 2015고단199
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

The defendant is a person who is engaged in driving a leisure car B.

On January 21, 2015, at around 18:43, the Defendant, while under the influence of alcohol, was unable to drive normally and at least 0.163% of blood alcohol concentration, driven the said ready-light vehicle, and proceeded at about 40km to 50km in speed, depending on the one-lane road between the two-lane roads at the direction of the public health clinic and the one-lane road at the direction of the city, where it is difficult to drive normally.

Since there was an intersection in the shape of a private distance at the front of the car, the person engaged in the driving of the motor vehicle has a duty of care to not look at the motor vehicle that operated the signal atmosphere in the front by accurately operating the operation and steering system while living well at the front.

Nevertheless, while under the influence of alcohol, the Defendant was driven by the victim C (the age of 28) who was driven earlier due to negligence while driving a vehicle without due care for the foregoing duty while neglecting the duty of care.

As a result, the Defendant caused the victim to suffer injury to the base and tension in light of the foregoing occupational negligence for about two weeks, and the victim E (the age 24) who was on board the franchiseer car to suffer injury to the base and tension in light of the trend requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement prepared by E;

1. The application of Acts and subordinate statutes, such as a traffic accident occurrence report, a traffic accident inspection report, a notification of the results of the crackdown on drinking driving, a report on the situation of a driver involved in drinking, an inspection and diagnosis report;

1. Relevant Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

2. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

arrow