beta
(영문) 인천지방법원 2017.05.31 2017고단252 (1)

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 14:10, 2016, the Defendant: (a) driven a B rocketing car with alcohol concentration of 0.121% at around 14:10, while under the influence of alcohol; (b) the horse is divided into two parts due to the influence of the Defendant’s vehicle; and (c) the walking is so big that the snow is shock and face is difficult to drive normally; (d) the Defendant was driving at four-lanes from the top line at a point of 84.8 km away from the offline of the west-gu Seoul, Bupyeong-gu, Seoul, Seogsan-dong, Seoul, at a point of 84.8km away from the edge line of the road located in the direction of the Defendant’s vehicle; and (d) the Defendant was driving in the same direction above the Defendant’s vehicle, and the victim’s vehicle was receiving the part of the victim’s vehicle in front of the Defendant’s vehicle and the part of the victim’s vehicle in need of treatment for the victim’s vehicle in the two-time zone.

As a result, the Defendant was driving a vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing the injury of people.

2. On November 6, 2016, the Defendant was under the influence of alcohol by 0.121% from the 10km section of the blood alcohol concentration to the point of 84.8km away from the place where it is impossible to know the said stop by Kimpo-si, Kimpo-si, Kimpo-si on November 14:15, 2016 to the point where it is located outside the city of Bupyeong-gu, Seoul, Busan to the point where it is located 84.8km.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes to the survey report on actual conditions, the statement of the situation of the driver in charge, and the written diagnosis;

1. The driving of a motor vehicle causing bodily harm to the driver of a specific crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade shall be decided.