logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.02.22 2017고단2093
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. The Defendant is a person who is engaged in driving of B motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving). The Defendant driven the said motor vehicle under the influence of alcohol level of 0.129% in blood around October 15, 2017, while driving the said motor vehicle at around 0.129% in the influence of alcohol level in light of the influence of around 16:05, and led the said motor vehicle to proceed with the road adjacent to Gyeonggi-si C

Since there is a road where a signal is installed, there was a duty of care to observe the signal and drive the vehicle safely by checking well the front door and the left.

Nevertheless, the Defendant, while under the influence of alcohol, rhym, has a large color, red, and due to the influence of alcohol, while driving normally is difficult due to the influence of alcohol, the Defendant’s reverse part of the victim D(24 ) who was under the influence of the signal waiting in the front direction without putting the front door properly. The Defendant’s rear part of the victim D(24 ) who was under the influence of the signal waiting in the front direction was shocked with the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim F(F, 30 years of age), the victim G (n, 8 years of age), and the victim H(6 years of age) for about two weeks of medical treatment.

2. The Defendant was driving a B-motor vehicle under the influence of alcohol concentration of 0.129% in blood at the time and place stated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A fact-finding survey report, reporting on the occurrence of traffic accidents, accident vehicles, and on-site photographs;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

arrow