beta
(영문) 의정부지방법원 2016.01.19 2015고단3480

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) by the Defendant is a person engaged in driving a rocketing car.

On August 16, 2015, the Defendant was under the influence of alcohol concentration of 0.224% among the blood transfusions around 18:00, the Defendant proceeded along a road of 275 degrees east-ro, west-ro, U.S., e., U.S. along the intersection from the U.S. elementary school to the intersection from the U.S. elementary school.

At night and its location was installed with the center line of yellow solid lines. In such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by safely operating the steering system and brakes by safely operating the steering system and the brakes.

Nevertheless, the Defendant neglected to drive normally due to the influence of drinking such as a string, suppression, snow, flag, red, and the state of walking, while neglecting to drive normally due to the influence of drinking, and due to the negligence of driving the center line, the driving of the victim C(52(S) driving, which is coming from the opposite lane, was led to the front side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the right-hand bed, which requires approximately 10 weeks of treatment, due to such occupational negligence.

2. On August 16, 2015, the Defendant: (a) driven a B rocketing car under the influence of alcohol content of 0.224% from the 1.5km section from the Defendant’s house located in Sincheon-si around 18:00 to the 275-ro, Mancheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident report;

1. On-site photographs;

1. Statement of the circumstances of driving at home;

1. Application of Acts and subordinate statutes (C);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;