logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2013.10.15 2013고단499
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On July 23, 2013, at around 11:05, the Defendant operated a Cclar cracker cruise in the state of alcohol alcohol concentration of approximately 0.206% in the section of approximately 1km from the front of the Dong-dong restaurant located in the Dong-dong Branch of Gangseo-si, Gangnam-si to the front road of the Gangseo-si High School.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in the duty to drive C Dalar crackers cruise

On July 23, 2013, at around 11:05, the Defendant driven a road in front of the well-known high school located in Gangseo-si, Gangseo-si, with an alcohol concentration of 0.206% under the influence of alcohol in blood, and driven the road as the front side of the above Crrrrrr vehicle, and proceeded with the front side of the Crrrrrrr vehicle at the intersection crossing.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take the front door and left door well, and to accurately manipulate the steering direction and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and was negligent in driving the victim D(31 years of age) who stops in the signal atmosphere at the front of the vehicle due to the negligence of the Defendant’s negligence while driving it, and received the part of the Defendant’s vehicle behind the vehicle in the front of the vehicle in Crasler.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as light salt, which requires approximately two weeks medical treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

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

1. The point of driving under influence of alcohol under 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 the choice of imprisonment), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning criminal facts; and

arrow