logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.10.02 2014고단2459
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. On July 24, 2014, the Defendant driven BM3 automobiles under the influence of alcohol by 0.139% in the section of approximately 2 km-ro, Seoul, Gwangjin-gu, Seoul, from the Roman-dong, to the street 194.2 km-ro.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) the Defendant, who is engaged in driving the said car, driven the said car while under the influence of alcohol as set forth in paragraph 1 of the said temporary warning, and driven the three-lane road of the said 194 lanes from the distance of self-help to the distance of the old will.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and since the time is night, there was a duty of care to prevent accidents in advance, such as driving a motor vehicle well, operating a steering gear and brakes accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, neglected to drive the victim C(26 years old) at the front of the said car, who is in the atmosphere of the said car.

Ultimately, the Defendant, through the above occupational negligence, sustained an influence of the days of treatment and the influoral fluoral fluor, thereby driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident report;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and Article 5-11 of the same Act concerning criminal facts.

arrow