logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.10.27 2016고단2772
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:10 on July 27, 2016, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.20% from the front of a school park in Ulsan-gu, Ulsan-do to the prosperity-ro 3 of the same Gu-ro from the front of the school park in Ulsan-gu, Ulsan-do to the prosperity-ro 3 of the same Gu-ro.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) led the Defendant to drive the said vehicle under the influence of alcohol at a speed of about 60 km from the prosperity intersection by driving the said vehicle, while under the influence of alcohol.

The Defendant had the duty of care to properly operate the brakes and steering gear in the same direction, as the victim C (the 73-year old) followed a DNA car driven by the victim C (the 73-year old). Thus, the Defendant had the duty of care to properly operate the brakes and steering gear when the vehicle driven well by the driver of the vehicle is stopped.

Nevertheless, the Defendant neglected this and failed to secure the safety distance as above, and failed to operate the vehicle with the negligence without securing the safety distance, and received the front portion of the rocketing car.

Ultimately, the Defendant, under the influence of alcohol, was able to drive the said rocketing car in a situation where normal operation is difficult due to the influence of alcohol, and caused the victim E (the age of 71) who was boarding the said rocketing car with the victim C to suffer injuries, such as salt ties, tensions, etc. for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses, chassiss, and verification personnel of the purchase of insurance;

1. Each written diagnosis and written estimate under Acts and subordinate statutes;

arrow