beta
(영문) 인천지방법원 2015.11.20 2015고정3413

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a car B.

On September 2, 2015, the Defendant driven the said vehicle under the influence of alcohol on September 2, 2015, while making it difficult to drive the vehicle normally, such as being in an inaccurate and face-to-faced, and led to turn to the left from the side of the sand market at the south-gu, Incheon.

The Defendant, while under the influence of alcohol, was negligent in disregarding the fact that the vehicle progress signal is changed to a stop signal, while driving the vehicle, and the victim C (the age of 37) who was directly engaged in the operation under the new subparagraph in front of the said vehicle at the front section of the said vehicle, received the front portion of the driving DK3 car, and suffered injury, such as cather and catch fat, which requires approximately two weeks of medical treatment.

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

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the above time, driving the said Tbluri-ri vehicle under the influence of alcohol concentration of approximately 0.122% from the sand internal market in the south-gu Incheon Metropolitan City to the above place.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.