logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.01.23 2013고단4572
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On October 1, 2013, the Defendant, without obtaining a driver's license at around 12:40 on October 1, 2013, while under the influence of alcohol of 0.226%, driven C-wing trucks with three-lane roads in front of the straight hearing aids in Daejeon Dong-gu, Daejeon, along three-lanes from the direction of Samsung NN-gu to the four-lane distance from discharge.

In such cases, the driver has a duty of care to reduce the speed to the person engaged in the driving duty and to prevent the accident in advance by living well the dynamics of other vehicles that are in progress on the road.

Nevertheless, the Defendant did not find out that the E-motor bicycle in the victim D (year 41) driving prior to three-lanes in the same direction due to negligence while neglecting such duty of care while under the influence of alcohol content 0.226%, was stopped according to the stop signal, and the Defendant received the rear part of the above motorcycle as the front part of the above vehicle driving by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing duties that drive the said motor vehicle under the influence of alcohol, inflicted injury on the victim D, such as the right 1st century, which requires approximately four weeks of medical treatment, and inflicted injury on the victim F (V, 49 years of age) who was driven on the said motor vehicle, such as dump, bones, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the ledger of actual condition surveys, report on the statement of actual condition of a driving driver, each diagnosis certificate, and car driving license;

1. Relevant Act on the crime: Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

arrow