logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.26 2018고단319
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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. Around 17:40 on December 6, 2017, the Defendant driven B 2 truck under the influence of alcohol content of about 50 meters from the distance of approximately 50 meters from the 357-14m, Nam-gu, Incheon, Nam-dong Welfare Center for Persons with Disabilities, Seoul, to the front of the Welfare Center for Persons with Disabilities, Nam-gu, Incheon, or Sin-ro, 357-14, and from the 50m of alcohol during blood, to the front road of Linam-do, while under the influence of alcohol content of 0.136%.

2. The Defendant is a person engaged in the driving of the secondary cargo vehicle B in the second trucking service.

around 17:40 on December 6, 2017, the Defendant was under the influence of alcohol, as described in paragraph (1) above, at Linvira, Han-ro, Nam-ro, 357, 105-14, Nam-gu, Incheon, Nam-ro, 105-14.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by safely operating the steering gear and steering the steering gear well, and by accurately operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop on the back of the cargo vehicle of the Defendant, led the victim C (son, 65 years old) who was standing in the back of the cargo vehicle of the Defendant, to the right side of the passenger vehicle, and led the more part of the container, even before and after the right side of the passenger vehicle, to the right side of the cargo vehicle of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a statement on the circumstances of the driver at home;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 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 of them shall be punished by imprisonment.

arrow