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(영문) 인천지방법원 2014.10.02 2014고단4393

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 three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA PP car.

On April 27, 2014, at around 21:48, the Defendant driven the said car while under the influence of alcohol of 0.158% without a driver’s license, and led to a five-lane road in front of the exit 5-lane in Incheon Gyeyang-gu, Incheon Gyeyang-gu, calculated in the direction of calculating three-lanes in the direction of calculating three-lane distance from the normal school distance room.

At night, in such cases, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the front left, steering and brakes.

Nevertheless, the Defendant stopped on the above four-lane road under the influence of alcohol, such as a string distance, while having a smelled and walked, but stopped on the right side of the vehicle, and was placed on the front side of the victim E (the age of 22, the female) on the sidewalk in order to cut off the crosswalk.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the deprivation of the body part of the body part of the body part in which the details of the victim's treatment is unknown for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement to F, G, and E;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a photograph (fields and black boxes), and a report on internal investigation (on-site sending, operating, etc.);

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reference data (licenses, chassiss, and mandatory insurance);

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2, Article 44 (1) (a point of a sound driving) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.