logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.04.23 2020고단214
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 26, 2008, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court on June 26, 2008.

On November 27, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.121% around 20:50, while under the influence of alcohol on November 27, 2019, and led the Defendant to drive the said car into the Jine four-lanes of the intersection near Daejeon Pungdong C, depending on one-lanes of the two-lanes.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely operating the steering system, brake system, etc. in a correct manner.

Nevertheless, the Defendant, while under the influence of alcohol, led the victim D (the age of 46) who was in the atmosphere of signal at the front of the course due to the negligence in which normal driving is difficult, was faced with the front part of the said rocketing car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as knee, knee, knee, knee, tensions, etc. in need of treatment for about two weeks, and the injury to the victim F (ma, 12 years old), who is a passenger of the said high-est car, due to approximately two weeks of treatment, knee, knee, and tensions and tensions in the detailed part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the actual state of the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement of the result of the control of drinking driving;

1. An accident site photograph;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act and Article 144 (1) of the Road Traffic Act concerning the punishment of the crime.

arrow