logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.02.27 2014고단3939
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 who is engaged in driving a car in a SP area.

On October 28, 2014, the Defendant driven the said car under the influence of alcohol level of 0.147% on blood alcohol level around 23:50 on October 28, 2014, and continued the way ahead of the oil station located in Daejeon Seosung-gu D with a view to about 70km in the long-term outflow from the old-dong boundary.

Since the place is where the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to safely drive by complying with the central line.

Nevertheless, the Defendant is under the influence of alcohol so that it is difficult for him to drive a motor vehicle normally.

The main part of G K5-si driving G K5-si's left-hand part of the victim FF(55 years old) who was driven along the tea at the knife distance room from the knife-g of the ancient-dong road due to the negligence of the driver of the central line of the above road was shocked with the top part of the front line of the above car.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving of the motor vehicle is difficult due to drinking, and suffered injury to the victim F, such as pressure 2nd degree of pressure on the left-hand side, which requires approximately 12 weeks of medical treatment, and injury to the victim H(61) of the same passenger, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement made to F and H;

1. A written report from an employer to the driver;

1. The actual survey report and the accident site photograph;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment: Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the maximum of the long-term punishments of the above two crimes, however, the minimum shall be based on the punishment determined for the violation of the Road Traffic Act];

1. Article 62 of the Criminal Act:

arrow