logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.08.29 2012고정3849
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is engaged in driving of leisure vehicles B.

1. On April 24, 2012, at around 23:10, the Defendant driven the said vehicle while under the influence of alcohol with 0.164% of the blood alcohol concentration, and proceeded bypassing the said vehicle to the non-speed speed from the surface of the male station in accordance with the four-lane road of the 147-lane Don-dong, Dongjak-gu, Seoul Metropolitan Government.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The victim C (the age of 36, South) who had been driving the four-lanes of the same direction from the inside of the disease control area to the male air space was tamper of the D vehicle driven by the victim C(the age of 36, South).

The Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as light fluoral fluoral fluorals, which requires approximately two weeks of medical treatment to the above victim C, on the back seat of the damaged vehicle, and on the victim E (33 years of age, female, and female) and the victim F (26 years of age, respectively, for about two weeks of medical treatment.

2. The Defendant, while under the influence of alcohol concentration of 0.164% in the date and time indicated in paragraph (1) above, driven the above vehicle at approximately KRW 1 km from the Haak-dong, Seocho-gu, Seoul, Seocho-gu, Seocho-gu, Seoul to the 147-11 first street in the Dongjak-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Reports (1), (2) on traffic accidents;

1. Reports on detection of drinking drivers, circumstantial statements of drinking drivers, and records of measurements of drinking drivers;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

arrow