logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.01.13 2016고정398
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 24, 2015, at around 06:22, the Defendant driven a three-lane road in front of Guro-gu Seoul Metropolitan Government, Seoul, with the alcohol concentration of 0.169% in blood alcohol due to an error on the surface of the ICT at a large level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of the Act and subordinate statutes of the Investigation Report (Application of the said Dmark Official Reapplication);

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The Defendant is a person who drives a motor vehicle with soflurd by C in the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On November 24, 2015, the Defendant driven the above vehicle while under the influence of alcohol content of 0.169% during blood transfusion, which is difficult to drive normally, and changed the course into one-lane in the course of driving along the two-lane from the high side of the front side of Guro-gu Seoul Metropolitan Government to the high side of the three-lane road in front of the Seoul Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and when it is likely to impede normal driving of another motor vehicle running in the direction of the change, he/she shall not change the course, and in advance, he/she has a duty of care to operate the direction in order to give notice of change of course and to prevent accidents by safely changing the lane in the direction of the motor vehicle and keeping the traffic situation properly.

Nevertheless, the defendant neglected this and changed the lane in a state where normal driving is difficult under the influence of alcohol as seen above, and the victim D (48 S, south) driving along one lane in the same direction.

arrow