logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.06.27 2019고단614
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. The Defendant is a person engaging in driving a passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On January 19, 2019, the Defendant driven the said car while under the influence of alcohol of 0.154% with blood alcohol concentration at 0.154% on January 12:05, and led the Defendant to proceed six-lanes in front of the Seoul Mapo-gu Seoul building along the two-lanes in the direction of public morality distance from the maposide area.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents by driving a motor vehicle safely, such as making a good report on the situation of mobile traffic, accurately manipulating steering equipment, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led to the backer of the victim D(the age of 43) car in the front of the passenger car, which was in the atmosphere of the signal at the front of the passenger car.

As a result, the Defendant suffered injury to the victim, such as chills, tensions, etc. in need of medical treatment for about two weeks due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

2. Around 12:05 on January 19, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of 0.154% without a vehicle driver’s license, and the Defendant driven a benna250-car from the front of Gangseo-gu Seoul Metropolitan Government Office to the front of the Seoul Mapo-gu Office at approximately 13 km road to the front of the Seoul Mapo-gu Office.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

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

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

arrow