logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.11.23 2015고단5491
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a vehicle B.

1. On July 26, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car with a blood alcohol concentration of 0.139% under the influence of alcohol around 20:40 on July 26, 2015, and driven the road in front of the D cafeteria located in Nam-gu Incheon Metropolitan City, along the distance from the distance of driving.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are thoroughly engaged in driving on the front side and safely operate in order not to conflict with the opposite lane in the light of the vehicle.

Nevertheless, the Defendant, under the influence of alcohol, was faced with a part on the left-hand part of the Defendant’s car in front of the top-hand part of the victim E (the age 24) driving, which was going in the opposite lane by occupational negligence over which the central line was over the duty of driving in a situation where normal driving is difficult due to the influence of alcohol.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim E, such as salt, tensions, etc. of the right shoulder, and injury to the victim G (the 54 years old), the victim H (the 25 years old age), which requires approximately two-day medical treatment, such as light salt, etc., and the victim I (the 53 years old age), for approximately four-day medical treatment.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.139% at the same time and place as the above Paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of H, I, and G;

1. An investigation report on the actual condition of a traffic accident and a report on the initial and initial measures for a traffic accident;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

arrow