(영문) 대전지방법원 서산지원 2017.10.10 2017고단501

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2017.10.10 2017고단501

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CCA110 V motor bicycle.

1. Around May 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven a bicycle under the influence of alcohol 0.266% of alcohol in the blood, while driving the bicycle in front of the Child Care Center D located in Seosan-si, Seosan-si on May 2, 2017, thereby driving the bicycle at the speed of about 30 km from the side of the Dong-si market.

Since there is a frequent passage of people, there was a duty of care for those who are engaged in driving of motor devices to properly operate the brakes and steering wheels while living well.

Nevertheless, when the Defendant was negligent in failing to properly operate the brake system under the influence of alcohol, he proceeded with the intersection of the embankment by the Seosan Viewing on the sloping side.

F (F) 14) The front part of the bicycle riding has shocked into the front part of the bicycle riding device.

As a result, the Defendant, while driving a bicycle under the influence of alcohol that is difficult to drive normally, was injured by the victim G ( South, 14 years old) who was on board the bicycle, by suffering from injury, such as brain-dead, etc., where there are no two open measures for treatment for about two weeks.

2. On January 5, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking) at the Seosan Branch of the Daejeon District Court on the grounds of the violation of the Road Traffic Act, and on June 2, 2017, the same court issued a summary order of KRW 4 million for the same crime (drinking on March 21, 2017) on at least two occasions, despite having violated the prohibition of drinking regulations, the Defendant driven the bicycle under the influence of alcohol concentration of KRW 0.266% in blood at the same date and at the same place as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G 1.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-서울서부지방법원 2018.03.22 2017고단3478

-서울북부지방법원 2016.04.28 2015고단4439

-서울서부지방법원 2018.12.20 2018고단3504

-수원지방법원 안양지원 2018.04.19 2017고단2291

-대구지방법원 2021.02.05 2020고합519