(영문) 춘천지방법원 강릉지원 2014.06.27 2014고단377

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2014.06.27 2014고단377

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

The Defendant is a person who is engaged in driving of a wing-in cargo vehicle B.

On March 14, 2014, at around 20:25, the Defendant driven the above cargo while under the influence of alcohol of 0.196% of the blood alcohol concentration, and led the Defendant to drive the above cargo along the road in front of the “Gang Agricultural Product Wholesale Market” of Gangseo-si, Gangseo-si, which is located along one lane from the direction of the river to the chill-dong.

The Defendant, prior to the same direction, was followed by the D-wing and f-on freight truck driven by the victim C (the age of 45). As such, the Defendant had a duty of care to ensure that a person engaged in driving service is well aware of the situation, secure a safe distance capable of avoiding when the said cargo stops, and properly take the front of the vehicle.

Nevertheless, even though the signal has been changed to a stop signal while normal driving is difficult due to the above influence of drinking, the Defendant did not immediately find it later, but received the Defendant’s left-hand part of the cargo vehicle driven by the victim C, and again received the part behind the cargo vehicle driven by the victim C (27 years old) in front of the cargo vehicle driven by the victim E(27 years old). In short, the Defendant received the part behind the passenger vehicle in front of the cargo vehicle driven by the victim E(27 years old) in front of the cargo vehicle driven by the victim C as part of the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as impairment of face necessary for two weeks of medical treatment, and injury to the victim G (V, 26 years of age) who was on a passenger car of the victim E and the victim E, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement G and C;

1. A report on detection of a host driver;

1. A written appraisal;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-청주지방법원 2019.07.11 2018노971

-제주지방법원 2018.08.20 2017고단2392

-대전지방법원 서산지원 2013.09.13 2013고단321

-수원지방법원 성남지원 2019.05.02 2018고단2660

-인천지방법원 2012.11.28 2012고단9713