beta
(영문) 수원지방법원 2016.03.23 2015고단1635

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

[criminal history] On February 18, 2009, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic law (drinking) at the Daegu District Court on February 18, 2009, and a fine of three million won for a crime of violating road traffic law (dacting) at the same court on April 20, 201.

[Criminal facts] The Defendant is a person engaged in driving a B rocketing car.

1. On September 27, 2013, the Defendant was under the influence of alcohol at around 21:25, the Defendant driven approximately 400 meters from the front of a mutual influent restaurant in the Seo-gu, Daegu to the front of the Daegu Bank located in the same Gu, while under the influence of alcohol at around 0.270% during blood.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said car at the time and place set forth in paragraph 1, while under the influence of alcohol, led the Defendant to drive the said car at the intersection of Daegu Bank at the speed of about 30 km from the south of the fourth four-distance crossing of Daegu Bank to the middle school at the speed of about 30 km

A driver of a motor vehicle, who is a driver of a motor vehicle, has a duty of care to accurately operate the operation of the operation of the operation of the operation of the operation of the operation of the motor vehicle and the right and the right and the right and the right and the negligence that the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the motor vehicle is due to the negligence that the operation of the operation of the operation of the operation of the operation of the operation of the motor vehicle by the victim C (A, 52 years old) who is going to turn to the left at the right and right and right

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, which requires approximately two weeks of medical treatment.

3. Although the Defendant was prohibited from operating a motor vehicle which is not covered by mandatory insurance under the Guarantee of Automobile Compensation Act on the road, the Defendant operated the said motor vehicle without mandatory insurance at the date and place specified in paragraph 1.

4...