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(영문) 인천지방법원 2016.12.14 2016고단6687
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 low-speed car B.

On October 6, 2016, the Defendant driven the said car at a speed of about 40km per hour, according to five lanes from the breadth of the cause, while under the influence of alcohol of 0.177%, the Defendant driven the said car at a speed of about 40km per hour from the breadth of the New Training Station to the breadth of the Second Training Station.

At the time, taxi stops at night and at the front, so in such a case, there was a duty of care to properly operate the brakes by properly manipulating the brakes while living well in the front.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (year 47) who was under the influence of the Defendant’s failure to properly operate the brake system, and was driven by the victim D(year 47) who was under the influence of the Defendant.

As above, the Defendant driven the said car in a state where it is difficult for the Defendant to walk without walking due to a little degree of influence of drinking, and it is difficult to drive it normally due to the shock of snow, etc., and suffered injury, such as a fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A survey report on actual condition, a vehicle involved in an accident, a visual recording photograph, a report on the situation of a drinking driver, and a report on the detection of a drinking driver;

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

1. Articles 5-11 and 148-2 (2) 2 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations) shall be the type I of general traffic accident.

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