logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.06.09 2017고단812
특정범죄가중처벌등에관한법률위반(위험운전치상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On March 15, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) driving of the said vehicle while under the influence of alcohol 0.195% at around 12:20, while driving the said vehicle, and driving the front road C at the time of Jeju to a Han-ro 6 side of the cooperative materials at the time of Jeju, the road where its width is narrow and the victim D (42 years old) who is a pedestrian on the right side of the Defendant’s front side (42 years old) was left at the edge of the road in order to avoid the Defendant’s vehicle. In such a case, the Defendant, who is engaged in driving the vehicle, has a duty of care to properly look at the front side and the left side of the vehicle, and to prevent the traffic accident by properly operating the brake and steering the steering system.

Nevertheless, the Defendant neglected to perform the above duty of care due to influence of drinking and did not discover the victim due to negligence while driving in a state where normal driving is difficult due to the influence of drinking, and was faced with a proposal that requires approximately two weeks of medical treatment for the victim and other scambling of the obscure part.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a rocketing car from the 300 section section of the Act on the Construction and Management of Land, Infrastructure and Transport to the 300 section of the B, from the narrow bathing beach parking zone in the Han-gu, Han-do, Han-do, Jeju-do, under the influence of alcohol concentration of 0.195% during the influence of alcohol during the day, as stated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident (D);

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

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 as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

arrow