logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.16 2017고단4122
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 1, 2017, the Defendant driven B Track Motor Vehicle with alcohol content of 0.166% in blood, while under the influence of alcohol level around 04:57, and proceeded one lane in the five-lane of Seoul Gangnam-gu Seoul, Seoul, as a Cheonggu Spoli distance slope from the pressure-gu historical distance room, and came to turn to the left at the northwest of the opposite opposite opposite intersection.

At the time, the Defendant was placed with a walker, the walking condition was cut off, and the face color was defried, and the front part of the passenger vehicle was the front part of the victim D (64 years old) driving at the opposite lane where the victim D (64 years old) who was waiting for signal at the opposite lane, and the driver was driving to the opposite lane because the steering gear or brake was unable to properly see the front side and the left side while driving the steering gear or brakes on the left.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim F (the age of 63) by driving the vehicle to the right shoulder, the right shoulder, the tension, etc. requiring two weeks medical treatment of the victim D, and the victim F (the age of 63) who is the passenger of the above cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2)

1. A report on the inspection records of drinking alcohol, a report on the detection of a driver involved in drinking, and a report on the circumstances of the driver involved;

1. A written statement on the occurrence of traffic accidents;

1. On-site photographs and vehicle photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the ordinary traffic accident(the traffic accident).

arrow