(영문) 인천지방법원 2017.10.18 2017고단5616

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(영문) 인천지방법원 2017.10.18 2017고단5616

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

[criminal history] On August 20, 2008, the Defendant received a summary order of KRW 1,50,000,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support for the development of the Sugwon method, and on August 25, 2014, the Defendant received a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving).

[Criminal facts] The Defendant is a person who is engaged in driving B observers car.

On May 30, 2017, the Defendant, while under the influence of alcohol 0.233% during blood transfusion around 16:45 on May 30, 2017, driven the said 76-lane 6 lane as at the port of Jung-gu Incheon, Jung-gu, Incheon, and continued to drive the said observer 6-lane 6 lanes in the direction of the Yellow Sea in the direction of the coast wharf.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the front-time and brakes of the victim C (34 years old) who was under a stop in the front-round bank due to the negligence of failing to properly operate the front-time and brakes, and was placed as the part of the victim C (34 years old) driving in front of the observer car, and caused the shock of the back part of the victim E (66 years old) driving which was under a stop in the front-round bank.

Ultimately, the Defendant driven the observer car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C by driving the observer car in need of approximately two weeks of medical treatment, injury to the victim E in need of a confection for about two weeks of medical treatment, and injury to the victim G (V, 46 years of age) who was on board the observer car together with the said observer car, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. G statements;

1. The survey report on actual condition, each medical certificate, and the circumstantial statement of the driver's license in the main place;

1. Before judgment:

유사 판례

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