logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.26 2020고단5205
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving motor vehicles B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On July 15, 2020, the Defendant driven the above vehicle at around 22:10, and led the above vehicle to go straight from the high-speed park to the front side of the road near C in the Gyeonggi Osan-si.

In such cases, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking well the front and left left.

Nevertheless, the Defendant is inaccurate under the influence of blood alcohol concentration of 0.235%, and the Defendant neglected it while driving normally due to the influence of alcohol due to the remote distance, etc., and did not see the front side properly, and the part behind the E-learning of the victim D (the age of 45) who was under the influence of the signal waiting at the front side, which was under the influence of alcohol, was shocked with the front part of the Defendant driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the entire species that require approximately two weeks of treatment by occupational negligence as above.

2. On July 15, 2020, the Defendant driven the said automobile under the influence of alcohol by 0.235% of the blood alcohol concentration from the road near the Gyeonggi-si Flsan City to the place indicated in the preceding port.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) actual survey report;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

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

1. Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime by which the relevant Article of the Act on the Punishment, etc. of Specific Crimes and the Selection of a fine for each crime are applied;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

arrow