logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.24 2019고단2896
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) are those engaged in driving service of B QM3 automobiles.

On November 17, 2018, the Defendant driven the said car with a alcohol concentration of 0.137% 0.137%, while under the influence of alcohol around 07:55 on November 17, 2018, and led it to proceed bypassing the three-way distance in front of Osan City from the saman distance to the aftermath of the world.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, shall accurately operate steering and brakes, and there was a duty of care to safely drive the motor vehicle in compliance with the rules of good faith.

Nevertheless, the Defendant neglected this and failed to properly handle the steering direction and brakes, etc. while driving the center line by the negligence of driving the center line, and received the front portion of the victim D(21 years old) E K3 car driven in the opposite direction to the Defendant's running.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time, the above K3 car was destroyed by approximately KRW 774,430, such as the exchange of hedging lamps, and escaped without taking necessary measures, such as providing relief to the victim.

2. Around 07:55 on November 17, 2018, the Defendant driven the said QM3 vehicle while under the influence of alcohol by 0.137% from the section of approximately 12k alcohol concentration from the road near the head of Simamamamb, Simsan-si to the front of Simsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents;

1. Notification of the control of drinking driving;

1. Report on the actual state of the driver;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on completion of repair;

1. Criminal facts;

arrow