(영문) 서울동부지방법원 2019.07.15 2019고단1562

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) 서울동부지방법원 2019.07.15 2019고단1562

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:40 on March 30, 2019, the Defendant driven a CMW X5 vehicle while under the influence of alcohol at approximately 2.6 km section from around 0.125% of alcohol concentration to the front road of Songpa-gu Seoul, Songpa-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a CMW X5 car.

On March 30, 2019, at around 23:40, the Defendant driven the said car under the influence of alcohol, as described in paragraph (1), and was driving the two-lane road in front of Songpa-gu Seoul Metropolitan City along the same one-lane from the shot basin basin to the shot intersection.

There are two-lanes of two-lanes of road, and in order to make a right-hand turn to the area of the tin village and the area of the tin village, the two-lanes of course are changed first. In such a case, the driver of the vehicle has a duty of care to not obstruct the normal traffic of other vehicles running in the direction of changing course.

Nevertheless, under the influence of alcohol, the Defendant neglected this and got the victim to go beyond the floor by taking the front wheel part of the E-wheeled Automobile driven by the victim D (the age of 21) who was going straight from the two-lanes of the above road due to the negligence of bypassing immediately from the above one-lane road.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered the victim from a string of the chests that need to be treated for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of D traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify the actual situation survey report and the control of drinking driving;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-대구지방법원상주지원 2020.12.02 2020고정9

-서울서부지방법원 2017.02.02 2016고단3784

-서울동부지방법원 2015.01.29 2014고단3931

-대구지방법원 경주지원 2016.01.20 2015고단632

-서울남부지방법원 2020.07.23 2020고단1444