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(영문) 인천지방법원 부천지원 2013.11.28 2013고단3017

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person who is engaged in driving a radar car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On October 7, 2013, when the Defendant driven the above vehicle under the influence of alcohol of 0.173% on the blood alcohol level, while driving the above vehicle, and proceeding the two-lane roads of 1160-3 in front of the Seocheon-si, Seocheon-si with the view to the shooting distance from the west-si, Seocheon-si, the Defendant was at night. At night, the victim C (29 years old)'s driving vehicles stopped in the signal signal atmosphere. In such a case, the Defendant was unable to find the victim's vehicle under the influence of alcohol despite the fact that the Defendant had a duty of care to reduce the speed and prevent the accident in advance, and was unable to find the victim's vehicle under the influence of alcohol, and then, the Defendant received the front part of the victim's vehicle.

As a result, the Defendant, in a state where normal driving is difficult due to the influence of drinking, inflicted an injury on the victim, such as the salt, tension, etc. of the trend requiring approximately two weeks of medical treatment due to such occupational negligence.

2. The Defendant, while under the influence of alcohol from around 18:30 on October 7, 2013 to around 18:43 of the same day, driven a Bra car at a section of about 500 meters from the 1160-3m from the hospital of the Yacheon-si in Busan-si to the 11.60-3m of the Yacheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes, including a survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a report on the circumstances of driving under the influence of alcohol, a notification on the results of the crackdown on drinking driving, an inquiry into

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.