logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.03.27 2012고정3187
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles B.

On September 17, 2012, the Defendant driven the said car under the influence of alcohol at around 23:30 on September 23, 2012, while making it difficult to drive the car normally, and led the two-lane road in front of the peace road at the time of the Gyeonggi-do Government, along the two-lane road from the direction of the Howon Slwon Slick Station to the network calendar.

At the time, at night and on the same lane, the victim C was under way following the victim C's drive, and thus, the person engaged in driving service has a duty of care to secure and proceed with the safety distance that can be avoided when the vehicle that had been driven by the victim C stops.

Nevertheless, the defendant neglected to do so and proceeded with by negligence in the vicinity of the defendant.

The back part of the victim's driving suspended was received as the front part of the said car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as cerebral abrut, which requires treatment for about two weeks.

B. On the date and time stated in the above paragraph (a), the Defendant driving the said vehicle under the influence of alcohol content of 0.173%, and driving the said vehicle to the front place of the accident on the road in front of the Damera shop located in peace at the Government of Gyeonggi-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. Photographss of the accident scene, vehicles, and CCTV screen images;

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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act as to the crime, and Article 5-11 of the same Act as to the selection of punishment.

arrow