logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2016.09.13 2016고단97
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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On April 5, 2016, the Defendant driven the said car under the influence of alcohol content of 0.120% during blood transfusion around 04:00, and driven the said car at a speed of about 50km per hour from the side of the bus terminal located in the Southern East East-si in order to drive the car at a speed of 0.120%.

It is a bend road where the center line of yellow solid lines is installed, so the driver of the vehicle has a duty of care to accurately operate the steering direction and brake system and to safely operate it by keeping the string and right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant was unable to properly operate the steering gear under the influence of drinking, such as the state of drinking, the state of walking and smelling, and the influence of drinking, and was led to the victim C (42 ) who was frighting from the center line to the opposite direction of the Defendant due to the negligence of frighting the center line, and was frighting from the opposite direction of the Defendant.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the said victim C, such as climatic salt in need of approximately three weeks of medical treatment, and the injury to the victim E (the passenger of the said rocketing taxi) that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A survey report on actual condition, on-site photographs, a statement on the circumstances of the driver of the vehicle driving, notification of the results of crackdown on drinking and a report on whether to drive any danger;

1. Each written diagnosis;

1. Application of the Act and subordinate statutes for investigation report (Attachment of Blue Images and Images);

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning criminal facts;

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

1. Selection of penalty;

arrow