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(영문) 인천지방법원 부천지원 2013.10.17 2013고단2631

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a car in C.

On June 15, 2013, the Defendant driven the above vehicle while under the influence of alcohol 0.277% of the blood alcohol concentration around 23:09, and driven the four-lane road in front of the Seoul Songpa-gu Integrated Stacking Ground, Songpa-gu, Seoul along three-lanes from Samsung Tridge to diving.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to report the traffic situation well and prevent accidents in advance by safely driving.

Nevertheless, the Defendant neglected to do so, and neglected to do so, caused the injury of the said victim, such as chystal chin, which requires the treatment of approximately two weeks, to the victim F who was on the back seat of the said taxi, and the victim G, respectively, due to the negligence of neglecting it, caused the injury of the said victim, such as chinal chin, which requires treatment for about two weeks.

2. The Defendant was under the influence of alcohol concentration of 0.27% on the above date and at the above time, driving the above 1.5 km from the front day of the Gangnam-gu Seoul Metropolitan Government Habro Gambroon hotel to the front day of the Songpa-gu Seoul Gak integrated playground.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Each written diagnosis;

1. Each photograph;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, reports on the occurrence of traffic accidents, and reports on the occurrence of drinking drivers;

1. 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 concerning the facts constituting the crime; and

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. The Criminal Act, the suspension of execution;