logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.09.19 2017고단2017
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

1. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 27, 2017, around 04:30, the Defendant proceeded along two lanes from the southyang Police Station to the southyang Coast, under the influence of alcohol content of 0.132% in blood on the front of the Namyang-si, Namyang-si.

A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant, as seen above, driven in a state where it is difficult to drive under normal conditions, such as breathing, breathing, and influorous distance, he gets off the E-driving of the victim D(70 years old) waiting for signal at the first lane in the front bank and suffered injury, such as climatic salt, which requires approximately three weeks of treatment, to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a vehicle with approximately 200 meters above 200 meters away from the point of the accident at which the instant accident occurred on the front of the Southern-dong Busan-dong Busan-dong Busan-dong, under the influence of alcohol content 0.132% during the day-to-day alcohol level as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and notification of the results of regulating drinking driving;

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 (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;

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. Suspension of execution under Article 62 (1) of the Criminal Act: The driving of alcohol on the grounds of sentencing, and one time before and after a violation of road traffic laws (unnecessary measures after the accident): Provided, That considering agreement with the victim, minor injury of the victim, and reflective nature;

arrow