logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.24 2017고단5502
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 6, 2017, the Defendant driven a nived motor vehicle B with alcohol content of 0.173% at around 15:55, while under the influence of alcohol, and came to turn to the left at the hived high school of the heart in the waterside of the niver distance intersection in front of the Kanyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea.

Since there is an intersection where a signal, etc. is installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive an intersection in accordance with the signals by reducing the speed and by properly examining the left and right of the front.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left at a straight line, and was driven by the victim C(47 tax) who was in a straight line in accordance with the straight line from the front side of the window at the same hand, and was driven by the Defendant at the front part of the car of the Defendant.

Ultimately, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered from the victim C and the victim E (the 45 years old) who was on board the said Vietnamnor car due to the foregoing occupational negligence, for two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate for the victim C and a medical certificate for the E-check of the damaged vehicle;

1. Application of statutes on site photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment of the crimes prescribed for the crimes against C, the inter-crimes of which are heavier between the crimes violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury or Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

arrow