logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.06.27 2018고단1435
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a DNA rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 6, 2018, the Defendant driven the said car under the influence of alcohol content of 0.197% in blood around 04:40, while driving the car, and led to the direction of Incheon IC by two lanes between the three-lane roads around the Seo-gu Incheon Western ICT (Seoul bank).

At the time, there was a duty of care to prevent accidents in advance by driving safely, such as moving off the front side of the defendant's vehicle in front of the victim E (the South, 51-year-old driver) and operating the brake accurately and maintaining the safety distance.

Nevertheless, the Defendant neglected this and proceeds as it is, and received the back part of the truck driver’s freight in front of the Defendant’s car.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as a cage cage cage 5, which requires approximately four weeks medical treatment to the above victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a D rocketing car in the state of alcohol alcohol concentration of 0.197% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, a yellow survey report, and an accident video CD;

1. Notification of the results of crackdown on driving under drinking, a written statement of the driver under driving under drinking and a report on the situation of driving under drinking;

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

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 each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

arrow