logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.14 2016고단7761
특정범죄가중처벌등에관한법률위반(위험운전치상)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

1. Around September 27, 2016, the Defendant was driving a C Mazon-4 car, while under the influence of alcohol, from around 3.5km to around 0.209% of the blood alcohol concentration at the section of around 3.5km to the front road of Seocho-gu Seoul, Seocho-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by the Defendant under the influence of alcohol as above at the time set forth in paragraph 1, and the Defendant was driving the said car in such a state that it is difficult to drive the car normally due to the difficulty of driving, such as having a walked off without walking and having a redlight on the inside of the inside, while driving the said car in five lanes in front

In such cases, the defendant who drives a motor vehicle has a duty of care to take care of the rear side and to check the safety of the career.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the victim D, who was parked in order to make a right-hand turn on the rear side of the Defendant’s right-hand by negligence, and was driven by the victim D, who was under a stop, as the back-hander of the Defendant’s vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, sustained injury by the Defendant, by negligence, such as dynasium, tension, etc., that requires two-day medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident prepared by D;

1. A traffic accident report;

1. Report on the circumstantial statement of a drinking driver (Evidence No. 5), report on the detection of a drinking driver, and the items from the drinking measurement result;

1. Investigation report (Binding, such as photographs, etc. of accident scene), photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning criminal facts.

arrow