logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.10.27 2016고단2380
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 13:10 on April 3, 2016, the Defendant was under the influence of alcohol at 0.234% of blood alcohol level, and the Defendant was driving a passenger car at a speed that is impossible to know in the direction of the rear door from the right direction of the apartment complex.

Since the parking and parked cars are roads within multi-unit apartment complexes, they have a duty of care to operate the steering system and operation system by properly operating the steering system and operation system through thorough operation of the steering system.

Nevertheless, the Defendant was unable to properly operate the brakes under the influence of alcohol, and the part of the back wheel gate of the said vehicle, which was parked at the above location by the victim E (53 years of age) due to the negligence of neglecting this, received the part of the Faland Skiki's motor vehicle's left rear qui fences.

As a result, the Defendant was driving a franchise passenger car in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered the victim E from a dynasium salt in need of approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in paragraph (1) of this Article, driving a franchise passenger car under the influence of alcohol level 0.234%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, the selection of a sentence for imprisonment, and the choice of a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

arrow