logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.08.29 2013고단2910
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving freight vehicles B;

On February 14, 2013, the Defendant driven the said vehicle while under the influence of alcohol 0.218% in blood alcohol level on February 17, 2013, and led the two-lanes of the two-lane road in the direction of the high direction from the direction of the high direction, along with the mother located in the direction of the Daegu Suwon-gu Mang-gu.

A person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant was negligent in driving a bicycle in a state where normal driving is difficult due to drinking, and the Defendant took the shoulder part of the victim C (the age of 68) who was riding a bicycle in the front direction of the Defendant’s driving direction into the front part of the Defendant’s vehicle, and had the victim go beyond the floor.

The Defendant suffered injuries, such as cage cages, which require approximately 10 weeks of medical treatment from the victim due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time, driven the said cargo vehicle within about 3km from the front road of the Daegu Yong-gu in the state of alcohol 0.218% under the influence of alcohol during blood and the front road of the water at the same time from the front road of the same Gu to the road along the upper road of the water.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs (fields, vehicles, bicycles, and victims);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and imprisonment with prison labor, respectively;

arrow