logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.11.20 2018고단1173
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On March 29, 2018, the Defendant driven the said car under the influence of alcohol level of 0.140% among blood transfusions on March 29, 2018, while driving the said car, and driving the road of 4 lanes in front of the Seogu Seogu Seo-gu Seoul, Seogu, into the sexual air room, and changed the course from four lanes to two lanes.

At the same time, Emers operated by the victim D are driving on the two-lanes. In such a case, a person engaged in driving a motor vehicle has a duty of care to secure a necessary distance to avoid collision with the motor vehicle ahead by thoroughly operating the front-time engine and accurately manipulating the brakes.

Nevertheless, the Defendant was negligent in changing the lane without neglecting and lowering the speed in the front of the week prior to the influence of alcohol and changing the lane as it is. The Defendant received the rear part of the said cargo vehicle as the front part of the said vehicle.

After all, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim, such as salted dye, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

2. On March 29, 2018, the Defendant driven a motor vehicle with a alcohol level of about 0.140% under the influence of alcohol level of 0.140% from the 6km section from the front of the cafeteria of the “Annuri Sea” restaurant located in the Daegu Northern-gu, Daegu-gu, Seoul to the front of the Daegu-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A survey report on actual conditions;

1. Photographs related to accidents;

1. Stacks for the Gabbbox images and for the closure of a course;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

arrow