logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.09.12 2018고단3081
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. On July 2, 2018, the Defendant: (a) driven a D liquid truck with a alcohol level of about 400 meters 0.103% while under the influence of alcohol level from 01:30 Mari-si B through 300 Mari-si to C in front of the same city.

2. The Defendant is a person who is engaged in driving a D-related cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

The Defendant driven the above temporary vehicle and driven the three-lanes of the three-lane road in the Guri-si City, Guri-si, the two-lanes to the sloping distance from the sloping distance.

A person engaged in driving of a motor vehicle is unable to make a normal judgment due to alcohol, and at the same time, he/she was at night and at the same time, and there was a vehicle driving ahead of it in the same direction, so that he/she had a duty of care to look closely into the traffic situation, and to accurately operate the steering gear and operating the steering gear.

Nevertheless, as seen above, the Defendant was negligent in the course of duty when he was negligent in failing to perform his duty at the front time while under the influence of 0.103% alcohol during blood, and the victim E (51) who reduced the speed in front of the crosswalks in the same direction. The lower part of the FK5 car driven by the Defendant was the front part of the vehicle driven by the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim’s injuries, such as chilling salt and tension which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs of each accident;

1. Notification of the results of regulating drinking 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 and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts, the provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the provisions of each imprisonment with labor.

arrow