logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.08.24 2017고단2730
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car i30.

On April 10, 2017, the Defendant, while under the influence of alcohol of 0.201% among the blood transfusions, proceeded one lane in accordance with the e-mail of the Seoul Southernbuk-gu, Gangnam-gu, Seoul, with a three-lane road of 0.201% of alcohol level from the window bed, on the surface of the window bed, with a view to a remote distance room of the baby.

At the time, there is a pedestrian crossing in which a signal, etc. is installed at night and at that time, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing the speed and checking well the right and the right of the road.

Nevertheless, the Defendant neglected to drinking while driving the vehicle, and caused the victim F (the 72 years old) who dried the crosswalk in accordance with the new subparagraph by negligence while driving the vehicle in a situation where it is difficult to drive the vehicle normally.

Ultimately, the Defendant suffered injury, such as pulverization in the right flag of abandonment, which requires approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A traffic accident report (survey report on actual conditions), a statement on the circumstances of the driver placed in the main place (Evidence No. 5), a report on detection of the driver placed in the main place, and a medical certificate;

1. The application of the Act and subordinate statutes to the investigation report (the main driver’s circumstantial report), investigation report (Evidence List 22);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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, and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the instant accident occurred due to the Defendant’s gross negligence and high alcohol concentration at the time of the instant case.

arrow