logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.22 2017고단6553
특정범죄가중처벌등에관한법률위반(위험운전치상)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 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 (Bodily Injury resulting from Risk Driving) (hereinafter “Aggravated Punishment, etc.”) the Defendant driven the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of alcohol 0.187% due to the influence of alcohol on July 15, 2017, such as that the state of walking at around 17:40 on July 15, 2017, while driving the said vehicle in a state where it is difficult to drive the vehicle normally, and driving the said vehicle at a speed of about 30km per hour in the direction of the Sincheon Sports Park in the direction of the Sincheon-gu.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents and to safely drive the motor vehicle by taking into account the entire course and the left and right of the vehicle.

Nevertheless, the Defendant received the front part of the victim E(44) driving car from the front part of the vehicle driving by the Defendant as the front part of the vehicle driving, and suffered injury, such as flador, after the brain death requiring approximately three weeks medical treatment.

2. On March 29, 2007, the Defendant violated the Road Traffic Act (drinking) by driving a vehicle specified in paragraph (1) while under the influence of alcohol concentration of 0.187% at the time specified in paragraph (1) of this Article, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on December 5, 2007; on December 5, 2007, a summary order of KRW 700,000,000,000,000,000,000,000 won for the same crime; and on December 5, 2007, the Defendant carried out a section of 30 meters from the road in front of the Busan Bupyeong-gu Incheon District Court on the road under paragraph (1) while driving the vehicle under the influence of alcohol concentration of 0.187% at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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

1. A medical certificate;

1. The application of the Acts and subordinate statutes to black stuffs and video CDs 1.

arrow