(영문) 인천지방법원 부천지원 2017.03.22 2017고단334

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2017.03.22 2017고단334

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving a sports cargo vehicle B.

On December 23, 2016, the Defendant driven the above cargo while under the influence of 0.142% in alcohol during blood transfusion at around 22:49, and continued to drive the cargo at approximately 50km per hour according to the rapid intersection direction at a point 85 km away from Seoul, Busan, Seo-gu, Busan, and the flow of the cargo at a point 85 km in the direction of the extension of the board.

At the time, there are nights, and there are many automobiles in front of the road, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering devices while driving the vehicle.

Nevertheless, the Defendant neglected to do so and did not see the front side by drinking, and did not properly operate the steering direction and brakes without properly manipulating the steering direction and brakes, and was parked in the front side to the four-lanes of the above inflows, and was driven by the victim C(34 ) who was parked in the front side of the DYF Soon and the front part of the DYF Soon car, which was driven by the Defendant, with the upper part of the lower part and the front part of the freight truck.

Ultimately, the Defendant driven a vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, resulting in the victim’s dystrophal typists in need of approximately two weeks’ medical treatment, and suffered injury, such as dysium and tensions, which require approximately two weeks’ medical treatment to E (28 years old) who are the winners of the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. A traffic accident report, an accident scene, and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty:

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-형법 제40조

-형법 제50조

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