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(영문) 인천지방법원 2013.05.29 2012고단11831

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 who is engaged in driving of fixed cargo B.

On November 18, 2012, around 20:00, the Defendant driven a four-lane of 538-lane in the Seo-gu Incheon Family, Seo-gu, Incheon, toward the side of the family distance from the side of the side of the side of the side of the blood alcohol to turn to the left at a speed of about 20 km per hour by driving the above sealed cargo with the alcohol concentration of 0.229% under the influence of alcohol.

At that time, since there are many crossings for vehicles, the defendant engaged in driving service had a duty of care to see the front side, and to prevent accidents by observing the tea line.

Nevertheless, the Defendant, under the influence of alcohol, was unable to drive in a state where normal driving is difficult due to the influence of alcohol, and the Defendant did not avoid avoiding the atmosphere of the Down-Motor vehicle driven by the central line, which is driven by C (the age of 52) on the opposite lane, and did not avoid participating in the signal at the opposite lane, and shicked the front-hand part of the said Dangerous-motor vehicle.

The Defendant, by negligence in the course of business, sustained injury to the above victim, such as brain salvin, which requires three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is to recognize and reflect his/her mistake, and since June 24, 201, a fine of KRW 2.5 million is imposed as a crime of drinking alcohol driving on or after June 24, 201, without any other criminal records, the victim’s damage is relatively minor, and the vehicle is admitted.