logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.11.30 2016고단3229
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in driving a C-A-Wurd Motor Vehicle.

On July 3, 2016, around 18:20 on July 3, 2016, the Defendant driven the said car while under the influence of alcohol of 0.112% of the blood alcohol concentration from large three-lanes to large three-lanes along the four-lane road in front of the Egas filling station in Daejeon-gu, Daejeon.

In such a case, a person engaged in driving service has a duty of care to accurately operate steering wheels, brakes, etc., and to ensure the safety of course and to ensure the safety of operation by taking into account the front side and the left side of the road, despite the fact that the Defendant, under the influence of alcohol, was negligent in driving by neglecting the operation of the front side and brakes while not properly operating the front side of the road, and by negligent finding that the GMP5 car of the victim F (F, 53 years old) driving prior to the same lane stops in the signal signal atmosphere, and received the rear part of the said SM5 vehicle as the front part of the said W5 vehicle.

As above, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, suffered injury to the victim, such as salt pans, tensions, etc. in light of the influence of drinking for about two weeks, and suffered injury to the victim H (56 years old) who was on board the SM5 vehicle, such as salt pans, tensions, etc. in light of other parts of the arms and blusium which require treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report, a survey report, and photographs of vehicles involved in the accident site and the accident;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

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

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime against death or injury caused by dangerous driving) of the same Act.

arrow