logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.07.19 2018고단1423
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of a motor vehicle with low bid.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven the above vehicle while under the influence of alcohol by 0.113% during blood, and the Defendant driven the above vehicle at a non-speed speed between the two-lanes in the direction of his/her streaming in the direction of his/her sub-sections from the long distance bank of the Gangseo-gu Seoul Northern-gu, Samyang-dong, Seoul, at around 0:50 on March 29, 2018.

At the time, the Defendant had a duty of care not to drive a motor vehicle, since the blood color was inaccurate, inaccurate, and it was difficult to drive a motor vehicle normally due to the influence of drinking.

The Defendant, as seen above, led to the negligence of operating under the influence of alcohol as it is, and the part behind the GST5 car of the victim F(31 Do) who was in the atmosphere of the signal at the front of the road was inferred into the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant was under the influence of alcohol concentration of 0.113% in a daily border, such as that set forth in the preceding paragraph, driving the vehicle from approximately 1.7km to about 35 km-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul to the point of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

1. Statement on the circumstances of the driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), records on the measurement of drinking, and report on the detection of the

1. A self-investigation report on April 10, 2018;

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

1. Relevant 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, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

arrow