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(영문) 인천지방법원 2017.03.29 2017고단1173
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 9, 2010, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Incheon District Court on August 9, 201, the same court issued a summary order of KRW 4 million as a same crime on January 15, 2016, and on October 13, 2016, the Incheon District Court was sentenced to 6 months of imprisonment and 1 year of suspension of execution on October 21, 2016.

Although the Defendant had had a history of driving a drinking twice or more as above, on November 8, 2016, while under the influence of alcohol content of 0.179% in blood without obtaining a driver’s license, the Defendant driven a vehicle into a gallon, thereby driving a 43-way in Incheon Seo-gu, Seo-gu, Incheon, and the road front of the new apartment fluor, leading to an unfluored speed from the left side of the home fluor, to the unfluened distance.

At night at the time, the victim D(43) E-si was under duty of care to reduce speed and to accurately operate the brake system and prevent accidents in advance, because the victim D(43) E-si was under duty of care in the front door.

Nevertheless, the defendant neglected this and got the front portion of the victim's left-hand side of the vehicle due to the negligence of driving in the state where normal driving is difficult due to the influence of drinking.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A medical certificate, medical record, etc. (victim);

1. A previous conviction: a statement of inquiry, a report of investigation (the same type of crime and the judgment of suspended execution) and attachment thereto; and

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