logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2013.03.27 2013고단97
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 who is engaged in driving of a cargo vehicle C1 ton.

1. On December 29, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above cargo while under the influence of alcohol level of 0.134% on blood alcohol level around 19:50 on December 29, 2012, led to driving of the above cargo onto the private distance at the entrance of the Hancheon-gu, Chocheon-gu, Chocheon-do, at Jeju-do, from the direction of the

Since there are places where traffic is not controlled, in such cases, there was a duty of care to confirm whether the driver is a vehicle crossing by reducing the speed and temporarily suspending the vehicle.

Nevertheless, the Defendant did not avoid the E-cargo of the victim D (the age of 48) who proceeded with the above private distance on the side of the Gu-Eup/Myeon-ri, through occupational negligence, while driving under the influence of alcohol is difficult to drive normally due to the influence of alcohol, and received the left part of the victim's cargo vehicle with the front part of the truck of the Defendant.

Ultimately, the Defendant suffered injury to D, by negligence in the course of performing the above duties, such as the core for the right side, the pelvis, etc., which requires approximately eight weeks of medical treatment, and the victim F (V, 47 years of age), who was accompanied by the Defendant’s cargo vehicle, for about three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and driven the said C1 ton truck of 100 meters at the front of the Defendant’s house located in Jeju at Jeju, while under the influence of alcohol of 0.134% of the blood alcohol level as stated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site map and related photographs of a traffic accident;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes;

arrow