(영문) 서울서부지방법원 2020.02.20 2019고단4095

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2020.02.20 2019고단4095

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving cars B.

On September 13, 2019, the Defendant driven the said car while under the influence of alcohol of 0.149% of blood alcohol level on September 13, 2019, and led to a speed that makes it impossible to know the access road to the mouth north of the river of one lane in the mass of Mapo-gu Seoul.

In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle in a way that does not impede the normal traffic of other motor vehicles and prevent accidents by safely driving the motor vehicle in a way that reduces its speed and does not impede the normal traffic of other motor vehicles.

Nevertheless, under the influence of alcohol, the Defendant neglected to enter the river to the riverside North, and due to the negligence of changing the lane from five lanes to four lanes, and received the back part of the driver's seat of the CMW 730D car running in the same direction from four lanes to the riverside North, as the front part of the Defendant's driver's driving.

Ultimately, the Defendant, while driving the said car under the influence of alcohol which is difficult to drive normally due to the influence of alcohol, suffered injury to the victim E (e.g., the age of 49) who was on the said BMW 730D by driving the said car and was on the said car.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driving a frighting car while under the influence of alcohol with approximately 2 km alcohol concentration of about 0.149% from the front of the “G” restaurant located in Mapo-gu Seoul Metropolitan Government to the place set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Making a report on the control of drinking driving;

1. The application of the law of the medical certificate.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-서울서부지방법원 2020.06.11 2020고단861

-서울서부지방법원 2020.06.11 2020고단752

-서울서부지방법원 2013.11.05 2013고정1720

-부산지방법원 서부지원 2020.06.12 2019고단2708

-서울서부지방법원 2016.11.24 2016고단2889