logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.02.24 2015고단7660
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a car B.

On October 16, 2015, the Defendant driven the said vehicle at a speed of 10km per hour in the direction of the coast, and left the right at a speed of 10km per hour in the direction of the port of Jung-gu, Incheon, Jung-gu, Incheon, where it is difficult to drive the vehicle normally in such a state that it is difficult to drive the vehicle due to the alcohol concentration of 0.273% under the influence of alcohol in blood while driving the road.

In such a case, a person engaged in driving of a motor vehicle must not drive a motor vehicle under the influence of alcohol while normal driving is difficult, and even if it is inevitable to drive a motor vehicle, he/she has a duty of care to safely drive the motor vehicle by checking well the left and right of the front.

Nevertheless, the Defendant neglected this and caused injury, such as salt, tension, etc. in need of approximately two weeks of treatment to the victim, who was driven by the victim C(71) who was driven by the victim C(71) in the opposite lane due to the negligence of driving a vehicle while under the influence of alcohol, by taking the front part of the motor vehicle driving by the Defendant into the right part of the motor vehicle.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Defendant 1 driven a motor vehicle on the above paragraph 1 of the Road Traffic Act in the state of being drunk with approximately 0.273% of alcohol concentration in blood from the 1km section from the 1km section to the place of the above paragraph 1, Jung-gu coastal wharf 16, Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving) on criminal facts.

arrow