logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.06 2015고단8230
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 a period of 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 before the risk) is a person who is engaged in driving a rocketing motor vehicle.

On November 14, 2015, at around 19:00, the Defendant driven the said vehicle at a speed of about 50km per hour in the direction of Bupyeong-gu, Bupyeong-gu, Incheon, in a state where it is difficult to drive the vehicle normally due to the difficulty of driving, such as failing to properly emit the alcohol concentration of 0.103% in blood, and walking, etc., while driving the vehicle at a speed of about 50km in the direction of Bupyeong-gu, Incheon.

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 the injury to the victim C (the 55 years old) and the victim G (the 19 years old), who was under the influence of traffic at the front of the vehicle driven by the Defendant while under the influence of alcohol, to the front part of the vehicle driven by the Defendant after the driving of the D SPP vehicle. This shock caused the above SP vehicle to be pushed in the front part of the E (the 55 years old) driving vehicle and the front part of the E (the 55 years old) which was under the influence of the above SP vehicle and parked in the front part of the E (the 5 years old) with the driving vehicle driven by the Defendant.

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. On November 21, 2008, the Defendant violated the Road Traffic Act (driving of alcohol) by means of a fine not exceeding 700,000 won, and the method of driving the water on August 28, 2009 at the Incheon District Court.

arrow