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(영문) 인천지방법원 2015.06.11 2015고단1952

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:30 on March 15, 2015, the Defendant driving a DEX car while under the influence of alcohol content of about 15km from the front road of Yeongdeungpo-gu Office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government to the front road of the “Ccafeteria” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, at around 05:10 on the same day.

2. Around 05:10 on March 15, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) caused the Defendant’s wife FX116 passenger bus parked in the above EXE car by driving the said EXE car on the front line of “C cafeteria” located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City. As such, the Defendant suffered injury to the Defendant’s wife FFX16 passenger bus that was parked in the third line of the said EXE car due to his occupational negligence while driving the eFX116 passenger bus without thoroughly examining the front line while it is difficult to drive the vehicle normally.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes of the medical certificate (F);

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

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Where the reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] is the case where the illegality in the proviso of Article 3(2) of the School Special Act is serious (the decision of sentencing].