logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2015.01.29 2014고단852
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On August 26, 2014, at around 00:10 on August 26, 2014, the Defendant driven the above vehicle while making it difficult to drive it normally, such as under the influence of alcohol with 0.134% of blood alcohol concentration, singing out, going through, and unsatisfying, moving the road front of the Bosong-dong Bomun-dong Bosong-dong, Seo-dong, Seo-dong, Seo-dong, from the north-Gun, to the satch of the racing.

At night, there is a three-distance intersection in which the passage of vehicles is frequent, and it is the center line of yellow solid lines and the area where a traffic island is installed along the safety zone of yellow-ray. In such a case, the defendant engaged in driving the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system according to the traffic conditions in the place of the vehicle and accurately operating it.

Nevertheless, the Defendant neglected this and went beyond the lane of the center line and the safety zone due to the negligence of driving the vehicle in front of the left side of the said vehicle operated by the Defendant, which was driven by the victim C(57 years of age) who was driving along the lane of the area of the Dong-gun in the front of the said vehicle in front of the right side of the said vehicle driving by the Defendant.

As a result, the Defendant suffered from the above occupational negligence that caused the victim C to suffer bodily injury, such as chest aggregate, which requires approximately four weeks of medical treatment, and the victim E (the age of 17) who boarded the victim’s vehicle, to suffer bodily injury, such as cage cage cages, etc. which require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

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

1. Relevant Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;

arrow