logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.11 2017고단9546
특정범죄가중처벌등에관한법률위반(위험운전치상)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 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 motor bicycle that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

The Defendant, at around 07:10 on August 12, 2017, while under the influence of alcohol 0.203% in blood on the front side of the D, located in Chungcheongnam-si, Chungcheongnam-si, Seoul, around 07:10, the Defendant proceeded with the bicycle at an insular speed from the surface of the Gu-U.S. terminal to the surface of the Gu-U.S. Hospital.

Since there is a center line of yellow solid lines, there was a duty of care for those engaged in driving motor bicycles to live well on the front line and the left, and to safely drive on the tea line.

Nevertheless, the defendant neglected to do so due to influence of drinking, and caused the victim G (20 years) who gets on the front side of the motor device of the defendant's engine and the rear side of the bicycle of the F K3 car driven by E on the left side of the FK3 car driven by negligence facing the central line, and caused the shock to go against the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the 14 weeks of the 14 weeks of treatment.

2. On August 12, 2017, the Defendant, at around 07:10, driven a bicycle with a motor device BPD125 in the state of under the influence of alcohol content of about 0.20% from a section of about 500 meters from the 500-meter radius to the front road located in C, in the Gu-U.S. Geum-dong Geum-dong Geum-dong, Nowon-gu, Seoul Special Metropolitan City (D) around August 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of E and H;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Statement report on the situation of the driver at the main place and investigation report;

1. A report on the detection of a primary driver;

1. A response to a request for appraisal, and a written appraisal of alcohol concentration in the blood;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of the medical certificate (G);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

arrow