(영문) 서울남부지방법원 2020.06.25 2019고단6382

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.06.25 2019고단6382

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) (the Defendant was a person engaged in driving a B car on November 6, 2019, and the Defendant was driving the said car in a state where it is difficult to drive the car normally due to the difficulty of driving, such as 0.150% of alcohol concentration under the influence of alcohol level around 09:40 on November 6, 2019.

Since there is a center line of yellow ray, in this case, the driver of the vehicle has a duty of care to thoroughly operate the front line to the right side of the road.

Nevertheless, the Defendant neglected to do so and received the front part of the F-learning Motor Vehicle driven by the victim E (the aged 43) who is in the atmosphere of the signal at the level of the negligence that the center line was frighted by the Defendant’s negligence, thereby leading to the left-hand part of the Defendant’s seated Motor Vehicle.

As a result, the Defendant driven the said van while it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim G (36 years of age) who was on board the said van, for about two weeks of treatment, such as the items requiring medical treatment, and the influence and tension of the unknown parts, respectively.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant from the roads front of Gangseo-gu Seoul Metropolitan Government Office to the roads front of the Gangseo-gu Seoul Metropolitan Government H and I Service Center, while under the influence of alcohol of about 0.150% of blood alcohol concentration at approximately 10km.

Summary of Evidence

1. Defendant's legal statement;

1. On-site survey report, a statement on the occurrence of a traffic accident (victims, defendants), photographs of the accident vehicle, photographs of the accident site, CCTV image screen pictures;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and the results of the crackdown on drinking driving; and

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-서울남부지방법원 2013.11.13 2013고단3374

-서울남부지방법원 2020.11.03 2020고단1957

-인천지방법원 2019.07.24 2019고단2395

-서울남부지방법원 2020.11.12 2020고단3010

-서울북부지방법원 2019.01.31 2018고단3988