beta
(영문) 인천지방법원 부천지원 2016.02.04 2016고단3

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a car at the No. B.

On November 14, 2015, the Defendant changed the course to a two-lane while driving at approximately 70 km in the speed, one lane out of 86.4km in the direction of the board intersection of the outer expressway located in the Ycheon-si, in the condition that it is impossible to drive a motor vehicle normally due to the alcohol level of 0.153% of the blood alcohol level among the blood transfusions on November 14, 2015.

In such cases, when it is likely that a person engaged in driving of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course, give prior notice of change of course by operating a direction, etc., give prior notice of change of course, and he/she has a duty of care to prevent accidents in advance by safely operating the front section and the surrounding area, such as accurately operating the steering gear and the brake system.

Nevertheless, the defendant c (59 years old and south) who had been driving along the two-lanes in the same direction by neglecting it in a situation where normal driving is difficult due to the above influence of drinking, and has been driving by the victim C (59 years old and south) who has been driving in the same direction.

D The left-hand side part of the driver's vehicle following the driver's vehicle was received as the front right-hand part of the driver's vehicle.

As a result, the Defendant suffered from the injury to the victim E (57 tax, female) who is a passenger of the said victim C and the damaged vehicle due to the foregoing occupational negligence, such as salt, tensions, etc. in need of two weeks medical treatment.

2. On January 3, 2008, the Defendant received a summary order of KRW 2 million from a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking) in the support for the development of the water source method, etc. on December 2, 201, and a summary order of KRW 6 million from a fine of KRW 1 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing on death or injury before danger) in the support for the development of the water source method.

On November 14, 2015, the Defendant was at Bupyeong-si around 18:10.