logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2014.11.13 2014고단2424
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

The Defendant is a person engaging in driving a Belgium car.

On August 22, 2014, at around 23:00, the Defendant drank 5 in the vicinity of the Soncheon-gu, Soncheon-gu, Soncheon-gu, the Defendant was in a state that she was unable to drive normally due to the influence of alcohol because she did not have sufficient rest. However, around 07:15 on August 23, 201, the Defendant driven the said car while under the influence of alcohol 0.311% of alcohol level, while driving the said car at around 0.31% of alcohol level, and driving the three-lane road of 320-1 in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon at a speed of about 60 km in the Sin-gu, Seoul.

At the time, the Defendant was under the influence of alcohol, so there was a duty of care to prevent the occurrence of an accident in advance by accurately manipulating the steering gear and brake system.

Nevertheless, due to the negligence of driving a vehicle under the influence of alcohol, the Defendant was driven by the victim C (the age of 57) who was under the influence of the Defendant’s traffic signal in front of the vehicle, with the front part of the vehicle driven by the Defendant.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as the climatic dump, which requires treatment between two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the traffic accident inspection report, traffic accident occurrence report, accident-taking driver's license report, report on the actual state of the drinking driver's license, diagnosis certificate, estimate, investigation report, and report on the investigation (commark Calculation);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

arrow