beta
(영문) 수원지방법원 안산지원 2016.01.20 2015고단3541

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 motor vehicle by borrowing B.

On October 23, 2015, the Defendant was under the influence of alcohol content of 0.163% among blood transfusions on October 23, 2015, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of driving, such as 0.163% of alcohol level, and the walking condition was clear and red on the face, and was under the influence of driving on the roads C at the time of the game show.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the direction of driving, steering and brakes.

Nevertheless, the Defendant neglected such duty of care and tried to leave the scene by 300 meters after the Defendant’s vehicle behind the vehicle behind the vehicle of the Defendant, which was driven by the victim D, who was stopped at the front of the aftermath due to the negligence of the Defendant’s driving. The Defendant was trying to leave the scene after the vehicle of the Defendant, and the victim was stopped after the vehicle of the Defendant, and again received the part of the victim’s vehicle behind the vehicle of the victim.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light dump, which requires approximately two weeks of medical treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A report on the actual condition of traffic;

1. On-site photographs, etc.;

1. A place where drinking is output;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;