logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.06 2016고단3020
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 D E-Ma freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On April 20, 2016, the Defendant, around 02:36, 100-1 of the Gangnam-gu Seoul Metropolitan Government Daepo-dong, 1006-1, 0.0 percent of alcohol concentration in blood, 0.149%, in a state that it is difficult for the Defendant to drive the above cargo in a normal manner, such as a string, red, and red, and flow off, the Defendant driven the above cargo and proceeded along the four-lanes of the above cargo in order to keep the above cargo from the luxa apartment room to the station of Samsung Station.

At the time, there are nights and vehicles standing in accordance with the signals in the direction of the defendant's proceeding, so in such cases, the driver of the vehicle has a duty of care to properly operate the brakes by properly operating it while living well on the front side.

Nevertheless, the Defendant was involved in the Defendant’s failure to properly operate the brakes due to the negligence of being drunk, thereby making it difficult for the Defendant to take the back part of the victim E (50) drive the FYF rocketing taxi in the signal atmosphere, which was driven by the Defendant, in the front part of the said cargo vehicle.

As a result, the Defendant driven the above cargo while it is difficult to drive the vehicle normally due to influence of drinking, and suffered injury such as the left-hand skeel fladul, etc., which requires approximately eight weeks medical treatment.

2. On the date and time set forth in paragraph 1, the Defendant driven D E-Ma T-E in the state of alcohol alcohol alcohol concentration of about 15km from the front line of the village of the village joint markets in the Seonam-dong, Chungcheongnam-gu, Seoul to the shooting distance of the volatile High School located in 1006-1, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

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

arrow