beta
(영문) 인천지방법원 2016.07.21 2016고단3079

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving a rocketing car.

1. On February 21, 2016, the Defendant: (a) driven the said vehicle under the influence of alcohol content of 0.175% from blood transfusion around 0:55 on February 21, 2016; and (b) driven the said vehicle at a speed of 40km per hour at a speed of 40km from a three-lane radius, calculated from a three-lane distance range in which the front way of the D pharmacy located in Gyeyang-gu Incheon Metropolitan City is calculated.

The Fra car owned by the victim E (n, 26 years old) stops on the fourth-lane side, so the defendant engaged in the driving of the motor vehicle has a duty of care to ensure safety by properly manipulating the front side and the left side and the left side and accurately manipulating the steering and operation system.

Nevertheless, the defendant neglected this and led the victim's car standing on the right side due to his negligence, and led the victim's car standing on the right side and the left side to the front side of the vehicle under consideration.

As a result, the Defendant driven the above rocketing car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the Defendant’s injury to the climatic base in need of three weeks’ medical treatment.

2. On February 21, 2016, the Defendant, as described in paragraph 1, driven the said rocketing car under the influence of alcohol content of 0.175% from blood transfusions on February 21, 2016, and proceeded with approximately 100 meters from the same day to the frontway of the D pharmacy located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, by driving the said rocketing car under the influence of alcohol content of 0.175%.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver involved in driving;

1. A written confirmation of crackdown on driving alcohol;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to cover booms video materials;

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 of the Road Traffic Act.