logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.10.16 2019고단5580
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On July 9, 2019, the Defendant driven the said car under the influence of alcohol level of 0.206% on blood alcohol level on July 10:52, 2019, and continued the two-way alleyway of Gyeyang-gu Incheon Metropolitan City from the d apartment room to the efficacy distance.

At the same time, there is a narrow side where there is no distinction between the India and the roadway located in the house, so in such a case, there was a duty of care to temporarily stop when pedestrians walk and maintain the adequate distance between pedestrians and pedestrians and prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant got the victim E (the age of 67) who was walking in front of the Defendant's passenger car driving direction by negligence while neglecting it, and had the victim go beyond the ground.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as the left-hand streke and flaverization of fladul, which requires treatment for about seven weeks, to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, driving a vehicle of about 500 meters of blood alcohol concentration of 0.206% under the influence of alcohol level from the roads near Gyeyang-gu Incheon Gyeyang-gu to the side of the runway C in Incheon Gyeyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

arrow