logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.10.10 2019고단3689
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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) and Violation of the Road Traffic Act (Driving) are those engaged in driving of 125 cc Austria without a license plate, and on June 17, 2019, the Defendant driven the above Ortoba while under the influence of 00:36% of blood alcohol concentration of 0.129%, while driving the above Ortoba in the state of drinking on June 17, 2019, while driving the Matoba in the direction of C apartment in the Seoul Gas Corporation where B front of Gangseo-gu

At the same time, there was a situation where the victim D (the age of 45) is driving on the opposite part of the opposite part, so in such a case, there was a duty of care to confirm the safety of the course and the right and the right and the right of the driver prior to his left turn, and to prevent the accident by making a left turn.

Nevertheless, the Defendant was negligent in driving in a state where normal driving is impossible due to influence of drinking, such as repeating the conduct that sits down on the road with red and bridges around the snow with red, and thus, received the front part of the above E-to-beon part as the front part.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, suffered injury such as salt, tension, etc. of the rash that requires approximately two weeks of medical treatment to the victim.

2. Although the holder of Oral Ba in violation of the Guarantee of Automobile Accident Compensation Act was prohibited from operating Oral Ba which was not covered by mandatory insurance, the Defendant operated the Oral Ba, at the date and time and place specified in the foregoing paragraph 1, with no number plate owned by the Defendant that was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report, the circumstantial statement of a drinking driver, the blood alcohol appraisal report, and the register of driver's licenses;

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

1. Specific crimes provided for in the relevant Act regarding criminal facts.

arrow