logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.11.15 2016고단3043
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving BMW car;

On September 6, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.148% 0.148%, while under the influence of alcohol around 20:50 on September 6, 2016, and led the 4-lane road in front of the Parksan-gu, Daejeon, to drive the said car at an indefinite speed along the two-lane distance from the parallel distance.

On the front of that place, there was an intersection where signal lights were installed and there was a vehicle stopped in line with the stop signal, so there was a duty of care to prevent accidents in advance by keeping the front line and the left and right of the driver, and driving safely.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(the age of 40) who was making a stop in line with a stop signal at one lane due to the negligence of driving while neglecting this, and was driven by the front part of the vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a BMW car under the influence of alcohol with the blood alcohol concentration of 0.148% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the traffic accident actual condition survey report, accident site and vehicle photographs, driving-in-car report, status report on driving-free, status report on drinking drivers, and results of the crackdown on drinking driving;

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

1. Aggravation for concurrent crimes;

arrow