logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.10.27 2016고단638
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three 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 (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B franchise XG car;

At around 01:30 on January 17, 2016, the Defendant driven the said car under the influence of alcohol level 0.194% under the influence of alcohol level 0.194% on the roads in front of the luminous apartment located in the Yellow East East-si.

At the time, since it is night and there are frequent traffic of people as a residential area, there was a duty of care for those engaged in driving of motor vehicles to live well on the right and the right and the right and the right and the right and the right, and to accurately operate the steering gear and the system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not able to properly operate the steering direction and operation devices on the right side while under the influence of alcohol, and due to the negligence of not operating accurately the steering direction and operation devices on the right side of the road, and the Defendant was placed on the left side part of the victim C (In this case, 42 years old) on the right side of the car driven by the Defendant.

Ultimately, the Defendant driven the said car under the influence of alcohol that it is difficult to drive normally due to the influence of alcohol, resulting in the Defendant’s loss of elbbows on the left-hand side in need of treatment for about two weeks.

2. On July 8, 2010, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) on the part of July 8, 2010, and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) on July 26, 2012. On November 30, 2012, the Defendant was sentenced to a suspended sentence of ten months by imprisonment for a violation of the Road Traffic Act (driving) on November 30, 2012.

Although the Defendant had a history of driving two or more times as above, the Defendant driven the said vehicle under the influence of alcohol by 0.194% from the 5km section of around January 17, 2016, to the front road of the Gandong apartment located in the Yellow East-si, Seoul Special Metropolitan City (Seoul Special Metropolitan City), around 01:30 on January 17, 2016.

arrow