logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.10 2016고단5387
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Driving Motor Vehicles) is a person engaging in driving motor vehicles B;

On August 5, 2016, at around 18:25, the Defendant driven the said car while under the influence of alcohol with 0.105% of blood alcohol concentration, and led the automobile to the direction of the Gangwon-do 4-lane apartment at the direction of the Gangwon-do Mo-dong.

A person engaged in driving service shall not drive a motor vehicle in cases where normal driving is difficult due to the influence of drinking, and has a duty of care to prevent accidents in advance by safely driving a motor vehicle without harming the central line.

Nevertheless, the Defendant neglected this and infringed the central line by neglecting it, and received the left-hand pent part of the D&D car operated by the victim C (the age of 42) as the left-hand pent part of the said D&D car.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as brain salvy which requires approximately two weeks medical treatment to the victim.

2. Around August 18:25, 2016, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.105%, driving B automobiles from a distance of about 2 km from the front of the head of Sinsaza located in the Dong-dong, Busan Metropolitan City, to the front of the Gyeongnam commercial road located in the same Gu trific zone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2) and a statement in the circumstances of the drinking driver;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to an accident site photograph and a black scam images closure;

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

2. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable.

arrow