(영문) 인천지방법원 2017.06.21 2017고단1913

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(영문) 인천지방법원 2017.06.21 2017고단1913

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 17, 2016, the Defendant, while under the influence of alcohol 01:5, the Defendant was driving a vehicle with low alcohol 0.141% under the influence of alcohol during blood, and the Defendant proceeded with approximately 4.28 km from the vicinity of the 6 commercial site in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the high speed of 1099 and 3 east-gu, Nam-gu, Incheon.

2. The Defendant is a person who is engaged in driving a passenger car with the highest risk driving in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The Defendant, like the statement in paragraph 1, was driving at the speed of about 165 km to the coast and the 172 km from the right side of the west-gu Incheon Metropolitan City, in the state that it is difficult to drive normally due to the influence of alcohol as shown in Paragraph 1, the Defendant was driving at the speed of about 165 km to the coast and the right side of the west-gu, Incheon Metropolitan City.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely operating the steering gear and steering the steering gear accurately.

Nevertheless, the Defendant, while under the influence of alcohol, led the victim C(53) drivered in front of the passenger car volume of the Defendant who neglected this by negligence, to drive the victim C(53) in front of the passenger car volume of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim C and E (the 52 years old) who is the passenger of the above low-speed car driver, respectively, for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

1. Comprehensive traffic accident analysis report;

1. Investigation reports (in response to an appraisal at a speed of the Road Traffic Authority), investigation reports (in hearing statements from victims);

1. Each of the Acts and subordinate statutes shall apply 1.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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