logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2013.09.24 2013고단691
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

The defendant is a person who is engaged in driving a cruise car.

On June 15, 2013, at around 05:20, the Defendant, while under the influence of alcohol of 0.165% of blood alcohol level, she was fluored with red, snowed with shock, and walked with the above vehicle while it is difficult for the Defendant to drive it normally, such as the insignia distance, and led to turn back to the left from the intersection of the Materna apartment at the seat of the Gangwon Provincial Police Agency to the seat of the non-permanent apartment at the seat of the Gangwon Provincial Police Agency.

In such cases, since the place is an intersection with frequent traffic, there was a duty of care to keep the traffic situation of the intersection after checking the safety through temporary suspension or slowly driving prior to the entry.

Nevertheless, when the defendant neglected to turn to the left as it is due to negligence, the defendant was driven by the victim C(the age of 61) under the right line in the opposite part of the right line, and received the front part of the motor vehicle operated by the victim C(the age of 61).

결국 피고인은 위와 같이 술에 취하여 정상적인 운전이 곤란한 상태에서 위 승용차를 운전하여 피해자 C에게 약 10주간의 치료를 요하는 우측 무릎뼈 골절 등을 상해를, 위 모닝 승용차에 동승한 피해자 E(55세, 여)에게 약 10주간의 치료를 요하는 우측 상완골 근위부 골절 등의 상해를 각각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Report on the occurrence of a traffic accident, a survey report on actual condition, a report on the proper driving of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. A report on the statement of the situation of the driver, and a report on whether to drive any danger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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

arrow