logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.19 2015고단3503
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a radar car.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol on May 13, 2015 and the Defendant was obliged to drive the said car at around 01:05, while driving the said car along the six lanes prior to Seocho-gu Seoul Metropolitan City along the four-lane road from the two sides to the AT Center. In such a case, the Defendant had a duty of care to care for safely operating the vehicle by accurately operating the front section and the right and the right and the right and the left and accurately.

Nevertheless, as above, the Defendant was negligent in driving under the influence of alcohol while driving under the normal condition of normal driving of the vehicle, and the part of the victim D(the age of 40) driving ENF station in front of the Defendant’s vehicle was received as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the said victim by negligence in the course of performing the above duties, such as salt of the light that requires treatment for about three weeks.

2. On May 13, 2015, at around 01:42, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as causing the said traffic accident, and walking with a tag, a sloping, and a walking, etc., in accordance with the distribution of Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, the traffic survey team located in Seocho Police Station located in 179, and immediately after the said accident, the Defendant was requested to take a alcohol test for about 30 minutes from the police officer

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

1. Photographs of the damaged vehicle;

1. Report on detection of a host driver and report on the circumstances of a host 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, and Article 148-2 (1) 2 of the Road Traffic Act concerning the crime.

arrow