beta
(영문) 대전지방법원 천안지원 2017.10.12 2015고단1396

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), and the Defendant is a person who is engaged in driving service of 250cc Oral c.

On July 19, 2015, the Defendant was under the influence of alcohol concentration of 0.157% from blood transfusion around 22:40 on July 19, 2015, and was under the influence of 0.157% from the above otobba, the Defendant driven the above oba, and proceeded with the intersection in front of the obadong-dong, south-gu, Seoul Metropolitan City, as the ebba-dong apartment room from the national highways

At the time, it was at night and at the same time an intersection where traffic control is not carried out. Therefore, the driver of the motor vehicle is prohibited from driving the motor vehicle under the influence of alcohol, and the driver of the motor vehicle is thoroughly able to pay attention to the passage of other motor vehicles, while driving the motor vehicle safely, such as accurately operating the steering direction and brake system of the motor vehicle, and thus, has a duty of care to prevent the accident from occurring due to the safe operation of the vehicle.

Nevertheless, the Defendant: (a) was under the influence of alcohol, while driving as it was difficult to drive in a normal condition; (b) was fluened by the victim C (42 tax) driving of the victim C (42) already entering the said intersection; (c) had the victim E (55 years old) who was on the back side of the Oratobb, and was fluenced by the Defendant Orab, thereby damaging the victim E (5 years old) who was on the back side of the Oratob, thereby causing injury to the victim; and (d) at the same time, caused the victim to suffer injury, such as double flusing the two flus which require medical treatment for about 6 weeks; and (e) damaged the XG car to repair the said flus.

2. The Defendant was under the influence of alcohol level of 0.157% without obtaining a driver’s license at the time indicated in the preceding paragraph, and driving without registration from approximately 2 km from the Central Market in the Gu’s seat to the above intersection. The Defendant was under the influence of 0.157% of alcohol level during blood, and driving without registration from about 2 km to the said intersection.

3. Any person who violates the Guarantee of Automobile Damage Compensation shall have failed to subscribe to mandatory insurance; and