logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.08.25 2016고단1500
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 7, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a vehicle in the direction of the underground parking lot from the direction of the 3rd entrance of the road in the 77 LHBB village apartment complex located in the 10-ro 134-gil Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, 10-ro 10-o, Kimpo-si on April 7, 2016.

Since there is a lot of apartment complexes with a lot of traffic of vehicles, in such cases, there was a duty of care to prevent accidents in advance by properly manipulating the brake system in the case of motor vehicle driving service by properly manipulating the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the brake system under the circumstances where normal driving is difficult, shocked the front part of the victim C(63 ) and the front part of the motor vehicle at the right side of the motor vehicle at the top of the above string of the motor vehicle, and suffered from a light dial dump in need of treatment for about one week for the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said low-speed car while under the influence of alcohol with 0.242% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report (list 1), a letter of consent to blood collection (list 5), a certificate of appraisal (list 10), and a medical records (list 20);

1. Each investigation report (List 21,28);

1. Application of photograph (List 3) Acts and subordinate statutes;

1. The relevant Act and Article 5-11 (Bodily Injury resulting from Dangerous Driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and imprisonment with prison labor for each crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances in favor of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act (the confession, reflectivity, and the suspension of execution shall not be included).

arrow