(영문) 수원지방법원 안양지원 2016.10.25 2016고단747

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(영문) 수원지방법원 안양지원 2016.10.25 2016고단747

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 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 of a motor vehicle in C SP area.

On April 9, 2016, at around 0:15, the Defendant driven the said car under the influence of alcohol with 0.126% of blood alcohol concentration, and led the Defendant to drive the said car at a speed of 20-30 km at the speed of 3 lanes, one-lane away from the wall shooting range to 5 km away from the wall gate.

At the time, there were nights and vehicles that run ahead of the vehicle driving direction of the defendant, so in such cases, the person engaged in the driving duty of the motor vehicle has a duty of care to take care of the entire course and the left and right left, and to prevent the accident from operating accurately, and to prevent the accident by operating the steering and brakes accurately.

Nevertheless, the defendant neglected this and found the E-Swit-type car driven by the victim D(the age of 49) who was proceeding in front of the defendant's vehicle due to negligence, such as red, irregular and inaccurate growth of face, etc., at the latest, and shocked the part of the damaged vehicle by the front part of the defendant's car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D (the 49-year-old) such as scopical salt, tensions, etc., on the part of the victim F (the 49-year-old), on the part of the son F (the son) for about two weeks of medical treatment, and on the part of the victim G (the 19-year-old and female) for copic salt, tensions, etc., in need of approximately two weeks of medical treatment; and on the part of the victim H (the 15-year-old and female) for the copic salt, tensions, etc., for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. A statement of the occurrence of each traffic accident in F, H and G;

1. Statement on the status of a drinking driver, statement on the status of a drinking driver, and written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

유사 판례

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