logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.11.23 2016고단1146
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a freight vehicle of B1 ton while under the influence of alcohol on a four-lane road of blood alcohol concentration of 0.178% at the south-gu upstream-dong at port on March 23, 2016, and proceeded to turn to the left at a speed of about 60 km from the border on the side of the big distance.

At the time, there is a night and a place of a private street crossing, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving business, to live well on the right and the right, and to drive safely in accordance with the good faith.

Nevertheless, the Defendant neglected to do so and found the victim C's rocketing car that was left at the right time from the port south Police Station to the left in accordance with the new line from the comprehensive playground due to negligence of disregarding the vehicle stop signal while driving, and received the victim's front part of the driver's vehicle in front of the Defendant's driving.

As a result, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, which requires approximately 14 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said cargo vehicle from the front side of the “overway” road located in the south-gu Seado at port at the time of port to the above place, while under the influence of alcohol with the above temporary light alcohol concentration of 0.178%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The actual condition of traffic accidents;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

arrow