logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.11.01 2018고단686
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. Around 06:30 on March 7, 2018, the Defendant was driving a Maz car while under the influence of alcohol concentration of 0.135% on the blood alcohol level from the shooting distance in front of the agricultural cooperative around Pyeong-si located in the 2nd degree of Pyeongtaek-si located in Pyeongtaek-si. In short, the Defendant driven a Maz car under the influence of alcohol level of 0.135% on the blood alcohol level on the side of the agricultural cooperative.

Since there was an intersection where traffic is controlled by signal apparatus, the driver of the vehicle has a duty of care to properly operate the steering and steering system of the vehicle in front, rear and right direction according to the signals of signal apparatus, and to prevent the accident by properly operating the steering and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the back part of the victim C(28 Do, n, n) driving, which was waiting at the front section of the said M& car, was shocked with the front part of the said M& car.

Ultimately, the Defendant driven the said marina car in a situation where normal driving is difficult due to the influence of drinking, and brought the victim a wound, such as dump salt, tension, etc. requiring a two-day medical treatment.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven the said drinking car while under the influence of alcohol with 0.135% alcohol level during blood at the same place as at the time set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident investigation report, on-site photograph, and medical certificate;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and notify the results of regulating drinking driving;

1. Article 5-11 (Punishment) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;

arrow