logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.05.17 2016고단7806
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 16, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.231% in blood, and led to turn to the left from the apartment of friendly niturging on the front side of the office of branch offices of KTwater Zone C, in the direction of the KTwater Zone, while driving the above cargo at a level of alcohol 0.231% in alcohol level.

Since the left turn is an intersection in which the left turn is permitted without the signal to turn to the left, there was a duty of care to safely drive the vehicle when there is another vehicle directly in the opposite side.

Nevertheless, under the influence of alcohol, the defendant neglected to turn to the left and had the victim D(46) E T-Ra motor vehicle, which was placed in accordance with the new code, take the front part of the Defendant's driver's freight driving vehicle.

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as the victim F (30 years old), the victim F (16 years old), the victim G (16 years old), and the victim H (9 years old), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, traffic accident occurrence report, notification of the results of crackdown on drinking driving, circumstantial report on the driver at drinking, each medical certificate [F (30 years old), D (46 years old), H (9 years old), G (16 years old);

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) are the same as those of the crime, and the Act on the Aggravated Punishment, etc. of Specific Crimes against the victim D (the age of 46) with the largest criminal situation.

arrow