logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 장흥지원 2014.11.20 2014고단157
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

The Defendant also is a person who is engaged in driving a cargo vehicle.

On July 29, 2014, the Defendant driven the above cargo while under the influence of alcohol of 0.139% with a blood alcohol concentration of 0.50%, and proceeded ahead of the mountain mountain distance in the mouth of the Dosan-gun of Gangwon-do, Gangwon-do to the mountain station in the direction of the river basin.

At the time of night, it is difficult to secure view as a night. In such a case, there was a duty of care to prevent accidents, such as a person engaged in driving of a motor vehicle, who is able to live well on the right and the right, and accurately manipulates the steering direction and the brake system, etc.

Nevertheless, the defendant's negligence of neglecting driving under the influence of alcohol while driving normally is difficult due to the influence of alcohol, caused the victim C (the age of 26) who has sent water signals to the right side of the above safety facilities by shocking the safety facilities installed on the right side of the road, which are installed on the front side of the above cargo of the defendant, to avoid the above cargo of the defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Report on the result of crackdown on drinking driving, and report on the situation of driving under driving under the influence of alcohol;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs and explanations of each accident site;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations] traffic crime group, general public.

arrow