logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.09.19 2014고단5211
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a benz car.

On May 8, 2014, the Defendant driven the said car under the influence of alcohol of 0.19% with a blood alcohol concentration of 0.19% 0.0%, and the Defendant was driving the said car along the 5 lane ahead of the written intersection road located in the Busan-gu Busan-dong along the five-lane way from the front side to the intersection of the vehicle in accordance with the vehicle stop signals, but proceeded again in accordance with the proceeding signals.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by properly examining the pre-accident.

Nevertheless, the Defendant was negligent in driving with red and walking without walking in a state where it is difficult to drive the car normally, and due to the negligence of leaving the vehicle rapidly in accordance with the stop signals in front of the said car, and the victim C (the age of 47) who re-enters the part behind the cab for business use driven by the victim C(the age of 47) was shocked with the front part of the said car.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the victim, such as the climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a medical certificate, a report on the circumstances of running a driving at home, and a report on detection of a drinking driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each fine, in consideration of the fact that there is no specific penalty ability to take into account, the degree of damage to the victim is not much severe, and that an agreement has been reached with the victim;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the amount added up);

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

arrow