logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.07.18 2017고단1484
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in the operation of the BM6 car owned by the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 23, 2017, the Defendant was under the influence of alcohol content of 0.103% among blood transfusions, and the Defendant was under the influence of alcohol content of 0.103% on the roads in front of the Gyeonggi-si, Yangju-si.

In this case, the driver of the motor vehicle is prohibited from driving the motor vehicle in a situation where normal driving is difficult due to influence of alcohol, and there was a duty of care to make sure that the driver of the motor vehicle has a duty of care to properly manipulate the traffic situation and prevent the accident by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal condition while driving, and the victim D (45 tax) who was standing at the front of the Defendant’s front line, was faced with the back part of the vehicle of the Defendant, which was driven by the E-A-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as dynasium and tensions of the bones of trees requiring approximately two weeks medical treatment.

2. On the day specified in paragraph 1, the Defendant driven the said SM6 car under the influence of alcohol content of about 3.5 KM at approximately 0.103% from the 3.5 KM section to the site where the accident described in paragraph 1 was located in the Go-Eup, Go-Eup, Go-dong located in the city-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of traffic situation in D;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition and a circumstantial report on the driver of the primary driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

arrow