logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.04.28 2017고단265
특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B B at the Pluri test in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 3, 2016, the Defendant driven the said car under the influence of alcohol content of 0.204% during blood transfusion 04:25 on October 3, 2016, and continued to drive the said car at a speed of about 60km per hour, depending on the three-lane road in front of the D Hospital in the city of the government of Gyeonggi-do, C.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to make sure that the driver of a motor vehicle has a good reason to report the traffic situation and accurately manipulate the steering gear, etc. to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal condition due to the Defendant’s failure, brought the FK5-si car to Defendant’s car, which was driven by the victim E (49 tax) who was driving at the front of the Defendant, while driving a vehicle above the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as cerebral celebin, without an open head in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B B B B B B luri-ri car with alcohol content of about 600 meters from the roads near the Korean National Police Agency located in the north-do, Gyeonggi-do, 22-49, to the accident site described in paragraph 1, a 23-humo-ro, the city of the Government of Gyeonggi-do, Gyeonggi-do, to the date and time indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written reply to a request for appraisal (written appraisal of alcohol in blood);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger, the choice of imprisonment), Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the point of driving alcohol and the punishment of imprisonment).

arrow