logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.10.24 2019고단4023
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a motor vehicle B.

On July 11, 2019, at around 02:14, the Defendant driven the said car while under the influence of alcohol of 0.214%, and led the D convenience store front of the D convenience store in Busan Metropolitan City to the front of the Eart parking lot.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to drive while driving a vehicle under the influence of alcohol, which was found late by the G bargaining car of the victim F(53 years old) at the front of the driving direction, brought the front portion of the said car to the left side of the Defendant’s car due to the occupational negligence.

Ultimately, 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 F and the victim H (the 52 years old) who is the passenger of the said car by negligence in the course of performing the above duties, by suffering from the injury of the catum catum that requires treatment for about two weeks.

2. Around 02:14 July 11, 2019, the Defendant driven a stoke car under the influence of alcohol level of about 0.214% from the J cafeteria road located in Busan Metropolitan City, to the front road of the same city from approximately 600 meters to the J cafeteria road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the criminal facts under the corresponding Act;

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

1. Selection of penalty;

arrow