logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.04.16 2018고단570
도로교통법위반(음주운전)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 November 12, 2017, the Defendant was under the influence of alcohol content of 0.20% in blood around 00:20 on November 12, 2017, the Defendant driven B-port car at approximately 5km from the roads near the mutual influence in Seoul Jongno-gu Changdong to the pressure-gu, Gangnam-gu, Seoul to about 29:202 East-do.

2. Around November 12, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) driven the said B-cracking car while under the influence of alcohol, driving the said B-cracking car, and driving the two-lane of the two-lane road in Seongdong-gu Seoul, Seongdong-gu, Seoul, along the waterside protection zone, at a non-speed speed along the two-lanes of the road from the waterside to the waterside, and changing the two-lane to the one-lane.

At the time, it is night, and at the same time, the victim C(32) was driving, and the IG car was under way.

In this case, a person engaged in driving of a motor vehicle has a duty of care to give notice of change of course to the surrounding motor vehicles by operating a direction prior to changing the vehicle line, and to prevent accidents by changing the vehicle line in advance while taking into account the traffic conditions before and after the change.

Nevertheless, under the influence of alcohol, the Defendant changed the vehicle line to a one-lane, and changed to the left side of the Defendant’s vehicle into the front part of the left side of the said victim’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and sustained injury to the victim E (the 35 years old) who is the same as the said victim and the same passenger on the same vehicle, such as salt dump, tension, etc. for about two weeks of treatment.

3. Defendant 1 did not take any measure against the violation of the Road Traffic Act (not after the accident) even though it was damaged by 462,00 won of the repair cost by shocking a passenger car driven by C at the time and place set forth in the above paragraph 2.

arrow