logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2019.02.15 2018고단2607
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) is engaged in driving a passenger car in B SP area.

On August 18, 2018, the Defendant driven the said car while under the influence of alcohol 0.246% of blood alcohol level on August 23:16, 2018, and led the two-lane road in front of male ginseng distance from C apartment zone to D apartment zone, depending on the 21st new city in Asan-si, Asan-si.

At the time of night, a person engaged in driving service has a duty of care to thoroughly operate the front-time and safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle in which normal driving is difficult due to the influence of alcohol, and found the FK5 business taxi driven by the victim E (the 30-year old) who was waiting in front of the same lane, late later, and failed to avoid it, and thereby, was led to the victim's driver first behind the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence as above.

2. Around August 23:44, 2018, the Defendant driven a B SP car with approximately 6.3km section from the front day of the Rose of Sharon to the front day of the male ginseng distance, according to the Sinsan City hot spring, in a state of under the influence of alcohol by 0.246% of blood alcohol concentration, on August 18, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Report on the circumstantial statements and investigation report of the employer (report on the circumstances of the employer driver);

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

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

1. Article 37 of the Criminal Code among concurrent crimes.

arrow