logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.06.20 2017고단342
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for 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. The Defendant is a person who is engaged in driving a vehicle B with a certain amount of car knife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 10, 2017, the Defendant, in the state of alcohol concentration of 0.141% among blood transfusions, 0.141%, was smelled in the state of drinking, and the string distance was difficult to drive normally due to the influence of drinking such as drinking, and the Defendant, in the southyang-si, 3-lanes of the four-lanes in front C were driven at the hump of the parallel of hump in the parallel of the hump.

At the time, a person engaged in driving service has a duty of care to accurately operate the steering direction and brake system and to safely proceed by adjusting the speed in advance.

Nevertheless, the Defendant neglected this and negligently driven while driving in a state where normal driving is difficult due to influence of drinking, and caused the driver's vehicle to have the part of the Defendant's driving vehicle in front of the victim D(57) driving while waiting for the signal.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

2. On January 10, 2017, the Defendant: (a) driven a B knife vehicle under the influence of alcohol by 0.141% of alcohol concentration from the distance of about 1k from the 1km to the 1st place in the southyang-si, Namyang-si, the Namyang-si, the Namyang-si, at around 22:50 on January 10, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Survey report on actual condition, report on the scene of accident, report on the circumstances of the driver in charge of driving, and notification of the results of crackdown on drinking driving;

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 (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

arrow