logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2013.07.18 2013고단197
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On January 7, 2013, at around 05:00, the Defendant driven the said car under the influence of alcohol to a level of 0.190%, and led the Defendant to drive the said car at a speed of about 50km per hour according to the speed of 50km in front of the house located in D in Gangwon-si, Gangwon-do.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reducing speed and well living the right and the right of the front side, etc., as a person engaged in driving a motor vehicle.

Nevertheless, the defendant neglected this and continued to turn at the same speed, and left the lane without making a normal turn, and received the above house outer wall by the driver in front of the car of the defendant.

As above, the Defendant suffered injury to the victim E (the 28-year-old) who was negligent in driving the said vehicle due to the negligence in the course of duty, which caused the victim E (the 28-year-old) to suffer about 6 weeks of treatment, such as a closed flacing, which requires treatment, and the victim F (the 48-year-old age-old age-old) who was the passenger, caused the victim F (the 48-old age-old death)

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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

1. On-site photographs of traffic accidents;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. A written consent to blood collection, a report on blood collection from a drinking driver, and an appraisal report on blood alcohol;

1. Application of Acts and subordinate statutes to death certificates and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of death or injury caused by dangerous driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 (2) of the Road Traffic Act concerning the crime.

arrow