logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2017.01.11 2016고단1418
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 30, 2016, the Defendant driven a sports cargo vehicle B in the state of alcohol alcohol leveling 0.163% from a section of approximately 3 km to the vicinity of the Cheong-dong Cheong-dong at the same time, from the front of the oil reservoir located in Gangnam-si, Gangnam-si, the Defendant of the Road Traffic Act, at around 19:12 on September 30, 201, while under the influence of alcohol leveling 0.163%.

2. Around September 19:12, 2016, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above cargo vehicle under the influence of alcohol as stated in the foregoing paragraph 1. On September 30, 2016, the Defendant was driving the said cargo vehicle into the jurisdiction of the Military Manpower Administration in the lower-dong area of the two-lane roads adjacent to the intersection of the Cheongdo-dong Cheongdo-dong Office.

At the time, Defendant C(n, 34 years old) was parked with a stop signal on the front side of the vehicle, and in such a case, the driver had a duty of care to safely drive the vehicle by viewing the front side, examining the distance from the front side, driving, etc.

Nevertheless, the Defendant neglected to drive the damaged vehicle under the influence of such drinking as above while it is difficult for the Defendant to drive the vehicle normally due to the negligence, and received the back part of the damaged vehicle as the front part of the Defendant vehicle.

Defendant 2 suffered injury to the above victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a driver of a vehicle driving, a report on the circumstances of the vehicle driving, a report on the results of regulating the vehicle driving, and a report on whether the vehicle is dangerous;

1. Photographs related to each accident;

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

1. Violation of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Traffic Act as stated in the judgment of the choice of punishment: The point is the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving) in the judgment of Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act.

arrow