logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2017.05.10 2017고단658
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 25, 2017, the Defendant: (a) driven a BNp vehicle while under the influence of alcohol with approximately 0.113% alcohol concentration at approximately 15 meters in front of the shooting distance, from the tecam parking lot located in the Gyeonggi-gu Seoul Special Metropolitan City, Ansan-si to the front road of the 90-gu, Ansan-si. In addition, the Defendant driven a BNp vehicle at the influence of alcohol with approximately 0.13% in the 2km section.

2. The defendant is a person who is engaged in driving a BV vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

The defendant driving the above vehicle at the time of the day set forth in paragraph 1, and driving the 90-way road as the Maart-gu grassland in Ansan-si from the Maart-si to the 14-lane of the main road in the two-lane from the Maart-si. The defendant changed the two-lane to the left-hand one-lane.

The Defendant, while drunk, failed to change the lane in a safe way while considering the traffic situation of the vehicle in which he wanted to change the lane, was faced with the injury of the victim C (the 50-year-old-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of-age-of

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the said Act [the lowest shall be governed by the punishment stipulated for the crime of violating the Road Traffic Act (driving)];

1. The Criminal Act, the suspension of execution;

arrow