logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.05.16 2018고단776
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 a period of 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 a BMW X3 car volume.

On February 11, 2018, the Defendant driven the above vehicle while under the influence of alcohol content of 0.150% during blood transfusions, and led the Defendant to proceed to the course of a chill distance from the center of the Doro-distance along the Doro-distance along the Doro-distance.

At this point, there is a center line of yellow-ray, so a person engaged in driving service has a duty of care to safely drive the vehicle by accurately operating the front, left, and left, and operated the steering gear and the steering gear. However, due to the influence of drinking as above, the victim E (I, 42 years old) who was under way at the opposite lane due to the negligence of overcoming the center line and proceeding at the opposite lane by neglecting the walking condition in a state where it is difficult to safely drive the vehicle due to the influence of drinking, such as an incorrect, inaccurate, red, etc., and by neglecting it, while driving the vehicle on the opposite lane, was led to the lower left-hand side of the vehicle of the above BMW.

Defendant 1 suffered, by its occupational negligence, the injury to the victim G (Woo, 40 years old) who was flurged in the light dynasium and tension, which requires approximately two weeks of treatment to the above E, such as dynasium and tension, and the victim H(63 years old) who was fynasped in the above Aburged vehicle, in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, photographs at the scene of accidents, medical certificates, and internal investigation reports (victim H telephone communications);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant criminal facts, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol) of the same Act;

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, the choice of punishment by imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

arrow