logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.01.08 2013고단6305
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 29, 2013, the Defendant driving a B Poter-Ⅱ in the section of approximately 1 km from the Do in front of the North rogate located in the movie dong in the Suwon-si, Suwon-si to the road in front of the same Young-gu, Suwon-si while under the influence of alcohol content 0.204% of the blood alcohol content on October 29, 2013.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was committed on October 29, 2013 by driving the above cargo vehicle on KRW 22:50, and driving one lane prior to the Young-gu film flow in Suwon-gu, Suwon-si, the Defendant received the front part of the said cargo vehicle as the front part of the said vehicle by negligence in the course of business, provided that the victim C (the 33 years old), who is traveling in the atmosphere of the same lane under the influence of alcohol, neglected to comply with the duty of Jeonju City and the duty of safety distance, etc., due to negligence in the course of business.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and caused the victim to suffer climatic dump in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. C’s statement;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act (the defendant has been punished for driving twice or more, but this has no record of punishment in 2001 and 2008, and there has been no record of punishment for the latest five years, confessions, and reflects the fact that the degree of the accident is insignificant, etc.);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow