logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.05.30 2017고단461
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 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 drives a car in the CSpo area in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 25, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.180% among blood transfusions, and driven the front road of Mapo-gu Seoul Metropolitan Government (Seoul) from the upstream of the upper water basin to the apartment bank, and driven the same as one-lane of the three-lane of the apartment bank.

Since there is an intersection where a signal apparatus has been installed, in such cases, drivers shall live well at the front section, coordinates, and rain of the driving direction of the vehicle and drive it safely according to the signal or instruction indicating the water of the traffic safety facility.

Nevertheless, the Defendant, while neglecting this and making a left-hand turn in a state of difficulty in driving under the influence of alcohol, conflict with the left-hand turn-hand turn-hand turn-on of the victim E(41) driving in accordance with the next straight line, while driving the normal E(41) in a state of difficulty in driving.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.

2. Violation of the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol content of 0.180% from the 30th of Mapo-gu Seoul, Mapo-gu to the front of the Seoul Mapo-gu to approximately 800 meters at a distance of approximately 800 meters from the day of the day referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act (the point of drinking, and the driving of drinking);

arrow