logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.08.25 2017고단2639
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On June 27, 2017, the Defendant, while under the influence of alcohol 0.182% during blood transfusion around 23:50 on June 27, 2017, driven the said car, and led to the driving of the said car to the driving distance of the original village in Daejeon Peong-gu X-ray, Daejeon, to the speed of about 50 km in the speed of the city, along the two-lanes from the east-gu, Jeondong-dong to the Donam-do, the speed of the three-lane.

At the time, there was a night and non-stopping, and there was a place where the center line of the yellow solid line is installed, so the person engaged in driving service is well able to look at the front line and the right and the right, and safely proceed to proceed to safely. However, even though the center line under the influence of alcohol was invaded by the center line, the driving of the victim C(the 31-year-old driver) who stopped for the signal waiting at one lane in the opposite direction, was the front left-hand side of the Defendant’s car.

As a result, the Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as dump salt, tension, etc. which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of a medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a primary driver;

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) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. Aggravation of concurrent crimes (to the extent that the total amount of the crimes above is added up) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, alcohol concentration in the blood of this case, degree of injury, comprehensive insurance coverage, initial crime, etc.

arrow