logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.05.26 2016고단957
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 17, 2015, the Defendant: (a) around 02:00, as the island field of Nowon-gu in Seoul Special Metropolitan City, the 139 Pung apartment, the two-lanes in front of the Pung apartment were driven by Cone Starex in the course of driving in business, while driving in the direction of alcohol concentration of 0.158%.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in advance in preparation for the appearance of pedestrians, driving the motor vehicle in front and driving the motor vehicle well by looking at the right and the right and the right of the motor vehicle in order to prevent accidents.

Nevertheless, the defendant could not give a full view to the front side of the motor vehicle under the influence of alcohol as seen above, and the driver of the motor vehicle who drives the motor vehicle without permission due to negligence while driving the motor vehicle in front of the direction of the driver of the motor vehicle running the motor vehicle running the motor vehicle running the motor vehicle without permission, and the remaining part of the motor vehicle driving the motor vehicle driving the motor vehicle driving of the motor vehicle driving by obtaining the victim from the front side of the motor vehicle driving of the motor vehicle driving of the motor vehicle driving the motor vehicle and leading the victim to the floor, and due to the shock, the victim suffered from an injury of blood transfusion, such as an external wound, which has no open address in two parts, and then suffered an injury to the victim, and then on November 23: 35, 2015, at the hospital B located in the B-ro 68 (Haw-dong) in Korean-ro, Nowon-gu, Seoul Special Metropolitan City.

After all, the Defendant driven the above van while it is difficult to drive it normally due to the influence of drinking, resulting in the death of the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

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

1. Selection of penalty;

arrow