logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.02 2018고단1839
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. On December 30, 2017, the Defendant was under the influence of 02:02:135% of alcohol concentration in blood at around December 30, 2017, and the Defendant was driving a B human vehicle with B, while under the influence of alcohol concentration of 0.135%, and came to turn back to the front of the intersection as in the south of Seoul Seocho-gu, Seocho-gu, Seoul, along with the Gangnam of 17-ro 61-gil, from the GTwork room to the front intersection.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents due to safe driving, such as driving on the right of the front side.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at the front of the vehicle, and continued to turn to the left on the left due to negligence, was found to have received the part of the victim C ( South, the age of 24) who was left to the left from the right-hand side of the DK7 car driving by the victim C ( South, the age of 24) who was driving the DK7 car, following the right-hand side of the vehicle.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered from the victim E (the victim 28 years old) of the victim C and the same passenger E (the victim 28 years old), respectively, for about two weeks of medical treatment.

2. The Defendant was under the influence of alcohol content of 0.135% in blood during the border of the day specified in paragraph (1) of this Article, and driven a son car at approximately 100 meters in the front of the road as Gangnam-gu Seoul, Seocho-gu, Seocho-gu, Seoul, about 61-gil 23 Hyundai Sung-si, Haak apartment, and the front of the road along the Gangnam-gu, Gangnam-do, Gangnam-do, with about 61-gil 17 degrees, along with Gangnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident C and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

arrow