beta
(영문) 인천지방법원 부천지원 2014.09.25 2014고단1571

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a rocketing car.

On May 9, 2014, at around 04:00, the Defendant driven the said vehicle while under the influence of alcohol of 0.169% of alcohol concentration, and led the Defendant to drive the said vehicle at the 0.169% and drive the tring-down intersection of the tring-gu Gyeongcheon-gu, Seocheon-gu, Incheon to the hring-do from the border at the hacking plane. In such a case, the Defendant, who is engaged in driving a motor vehicle, had a duty of care to safely proceed along the lane and prevent the accident in advance, by taking into account the traffic conditions of the front and

Nevertheless, the Defendant continued to drive in a state where normal driving is difficult due to such influence of drinking as above, and was negligent in the course of the centering on the central line, and received the front part of the DVF125 Oba, which was driven by the victim C (year 41) who was going on the opposite lane, as the front part of the Defendant’s driving car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis, a written estimate, or a certificate of vehicle subscription;

1. Application of Acts and subordinate statutes, such as a report on the status of a drinking driver, a report on the actions against a drinking driver, and an accident site photograph;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment: Imprisonment for not less than six months but not more than eleven years;

2. The scope of recommendation [decision of type] The sentencing guidelines for traffic crimes, general traffic accidents, and injury of traffic accidents (type 1) (the person who is a special person) (the scope of recommendation) shall be sentenced to imprisonment for up to 4 months from October.