beta
(영문) 인천지방법원 2018.06.08 2018고단447

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a BM3 car.

On December 28, 2017, the Defendant, while under the influence of alcohol at around 22:47, the Defendant was under the influence of alcohol, 0.118% of alcohol content, and the horses are inaccurate and walked on a non-distance and face, making it difficult to drive the said automobiles normally, and driving the said automobiles along three-lanes from the distance from the distance from the office of the D office located in Yeonsu-gu Incheon Metropolitan City, along the speed of five-lanes in front of the business office in Yeonsu-gu, Incheon.

At the same time, the victim E (56 S) had a duty of care to look at the front and right side of the vehicle and to prevent accidents in advance by accurately manipulating the steering and operation of the steering system for the person who is engaged in driving the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it was found to be the front part of the said SM3 car, which was followed by the said SM3 car.

Ultimately, the Defendant by occupational negligence inflicted injury on the instant E, such as salt, tensions, etc. of the horse that requires approximately three weeks’ medical treatment, and suffered injury on the victim G (56) who was a passenger of the said rocketing car, for about three weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home, report of the situation of the driver at home, and report of the detection of the driver at home;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.