logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.02.09 2016고단3451
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On August 7, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a crime of violating road traffic laws at the Jung-gu District Court on August 7, 2014, and on December 8, 2014, the same court received a summary order of 3 million won of fine due to a crime of violating road traffic laws.

1. On May 4, 2014 and August 11, 2014, the Defendant violated Article 44-1 of the Road Traffic Act by driving a motor vehicle under the influence of alcohol on May 1, 2014, on at least two occasions, and driving a motor vehicle under the influence of alcohol on at least two occasions. On May 21, 2016, at around 20:25, the Defendant: (a) drive a motor vehicle without obtaining a driver’s license on the front side of the upper school located at the beginning of Gyeonggi-gu, Gyeonggi-gu, the upper end of which is located at the top of the same military operation; (b) from the upper end of the 1km-gu, the upper end of the road to the lower end of the same military operation; and (c) drive a motor vehicle under the influence of 0.142% alcohol while under the influence of alcohol.

2. The Defendant is a person who is engaged in driving a motor vehicle B with the highest speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 21, 2016, the Defendant driven the above vehicle while under the influence of alcohol at around 20:25, and led to the two-lane road of the National Road No. 37 of the Gyeonggi-si, the 37-lane of the Singui-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do along the two-lanes at a speed of about 70km from the upper surface of the bank.

At the time, it is night and at the right side of the road, so in this case, a person engaged in driving of the vehicle has a duty of care to prevent accidents by accurately operating and safely driving the steering system, brakes and other devices of the vehicle.

Nevertheless, the Defendant, who was under the influence of alcohol and was negligent in driving while driving the vehicle in one lane due to the negligence of the fluence of the first line, was the victim C(55 years) who was driving in one lane due to the negligence of the fluence of the first line, and the part behind the fluence of the driver's seat of the vehicle in which the Defendant is driving, is shocked to the front side of the driver's seat of the vehicle.

arrow