logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.17 2017고단4086
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. Around May 31, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a FH car under the influence of alcohol concentration of 0.123% in blood, while driving a three-lane road in front of Gangnam-gu Seoul, Seoul, with a three-lane alcohol concentration of 0.123% in blood, and proceeded one lane in the direction of the distance of the next hospital in the direction of the selection of the vehicle.

At the same time, the victim G(50) driving in the same direction was followed by the H taxi in the same direction, so there was a duty of care to ensure safety distance for those engaged in driving vehicles, to properly manipulate the steering direction and brake system, and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and failed to secure safety distance and failed to properly operate the brakes at the front of the Defendant’s vehicle due to the negligence that the Defendant stopped in the front of the Defendant G driving while under the influence of alcohol, and received the part behind the Defendant’s vehicle driving.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and sustained injury such as salt ties, tensions, etc. in need of treatment for about three weeks to the victim G, and suffered injury to the victim I (the victim I (the 28 years old), who was aboard the said taxi, for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a fly-run car under the influence of alcohol with approximately 0.123% alcohol concentration at approximately 500 meters from the 37-lane in Gangnam-gu Seoul, Seoul, to the front road in Gangnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. The actual investigation report on traffic accidents;

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

1. Investigation report (report on the situation of the driver in charge); and

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

arrow