logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2015.05.22 2015고단462
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

1. On January 24, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol 0.181% at a high-speed speed of 0.181% of blood alcohol level on the road after driving the B Poter cargo vehicle at a speed of 305 in the direction of the 5-class complex after driving the B Poter truck on the road.

Since there is an intersection where signal lights are installed in the front bank, there was a duty of care to proceed to a person engaged in driving of a motor vehicle according to the signals of signal apparatus.

Nevertheless, under the influence of alcohol, the Defendant neglected this and received the left-hand part of the driver's seat of the victim C(26 years old) driving in accordance with the new subparagraph from the right-hand side of the proceeding direction by the negligence of entering the intersection of a stop signal, and received the front-hand part of the cargo vehicle.

After all, the Defendant, while driving the Poter cargo in a situation where it is difficult to drive the vehicle normally due to influence of drinking, caused the victim who was on the driver's seat of the said vehicle to suffer from the injury of the Poter salt requiring treatment for about two weeks.

2. On the date and time set forth in paragraph 1(1) of the Road Traffic Act, the Defendant driven the Poter truck with the blood alcohol concentration of about 0.181% at a section of about 500 meters following the 305-dong village of the same Dong to the roads in front of the Suyang-gu So-gu So-called So-called U.S. Gaon Gaon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident actual condition survey report and an accident report filed against a driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

arrow