logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.16 2018고단7068
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 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 B-learning vehicles.

1. On September 10, 2018, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol concentration of 0.153% on blood alcohol level on September 10, 2018, driving a frighting vehicle prior to the point of mutually beneficial traffic in Jongno-gu Seoul Metropolitan City, thereby driving the frighting vehicle in the direction of the mutually beneficial intersection from the boundary of the original intersection.

In such cases, the driver of the vehicle shall not drive the vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent the traffic accident in advance by safely operating the front left and right well.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect it and did so and did so at the same time, conflict with the part concerning the back part of the victim E(the age of 52) driving with the front part of the string vehicle.

As a result, the Defendant, while neglecting his duty of care in a state where normal driving is difficult due to influence of drinking, suffered injury to the victim E, such as climatic salt, etc. requiring a two-day medical treatment, injury to the victim G (V, 53 years old), such as climatic salt in need of a two-day medical treatment, and injury to the victim H (V, 49 years old) such as climatic salt, tension, etc., requiring a two-day medical treatment.

2. On September 10, 2018, the Defendant was under the influence of alcohol on the blood alcohol concentration of 0.153% on September 10, 2018, the Defendant driven the B-learning vehicle from around 2 km to the road front of the branch of the D Bank beneficiary zone located in Jongno-gu Seoul Metropolitan Government, Jung-gu, Seoul.

Summary of Evidence

1. Defendant’s legal statement

1. E and G statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Each of the relevant Articles of the Act regarding criminal facts.

arrow