logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.01.17 2016고단3703
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

On May 23, 2016, at around 04:10, the Defendant driven the aforementioned cargo vehicle under the influence of alcohol content of 0.115% in blood, while driving the aforementioned cargo vehicle at a shooting distance room at the entrance of a cremation, and carried it out as a guard of water supply.

Since there is a place where a sidewalk for pedestrian traffic has been installed, in such a case, the driver of the motor vehicle has a duty of care to properly operate the brakes by properly manipulating the brakes while living well in the front door, and not to operate by the sidewalk.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant, who was waiting for a bus at the bus stop due to the negligence of entering the sidewalk without properly manipulating the brakes, etc., and thereby was under the influence of the Defendant, respectively.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of alcohol, and suffered from the victim E such climatic chrouds, tensions, etc. which require approximately 3 weeks of medical treatment, the victim F, the upper left-hand pelle of the upper pelel and the upper pelle of the pelle, etc. which require approximately 12 weeks of medical treatment, and the victim G, which require approximately 8 weeks of medical treatment, and the victim H suffered from an external eromatic ples, etc. which do not have an open address within the chest gale that requires about 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, E, J, and K;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;

arrow