logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2018.02.09 2017고단1490
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and engages in driving of a vehicle B.

On October 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.148 percent in blood around 22:00, while driving the said car in the influence of alcohol content of 0.148 percent, and turned the same into one lane between the three-lanes, one of which is the clinical intersection located in 683 in the city of North Korea and one of the three-lanes.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation in the front side and accurately operating the steering system.

Nevertheless, the Defendant was negligent in neglecting at the front of the car while waiting in front of the Defendant’s driver’s car while driving the vehicle in front of the Defendant’s driver’s car. However, the lower part of the passenger car to be driven by the victim C(A, 50 years old) was driven by the Defendant.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as “an injury to the victim,” which requires approximately four weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) from the roads front of the Donsan Police Station located in the Donsan-si, Donsan-dong prior to the day indicated in paragraph (1) to the place where the accident described in paragraph (1) occurred, the Defendant was under the influence of alcohol by 0.148 percent during the blood alcohol concentration from the three km section before the Donsan-si, Donsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A traffic accident report;

1. A written appraisal of alcohol among bloods;

1. A medical certificate;

arrow