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(영문) 인천지방법원 2016.03.16 2015고단8150

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car at the fourth time.

1. On November 29, 2015, the Defendant: (a) driven the said car under the influence of alcohol level of approximately 0.177% at a distance of about 200 meters from the Do in front of the convenience store in the south-gu Incheon Metropolitan City, to D, located in the south-gu, Incheon Metropolitan City, at a distance of about 106 meters; (b) around November 15:37, 2015.

2. On November 29, 2015, around 15:37, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the danger), the Defendant moved the DNA front road located in the Southern-gu Incheon Metropolitan City, Incheon, to the speed of about 20 kilometers per hour from the direction of the 2030-lane of the main road to the direction of the tin underground vehicular road along the speed of about 20 kilometers.

At the time, the above place was mainly concentrated on the commercial buildings, and the passage of other automobiles and pedestrians is very frequent, and therefore, the operator of such place had a duty of care to prevent traffic accidents by properly operating and operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and was able to drive under the influence of alcohol as described in paragraph 1, and the blood color of the Defendant was reded on the face, making it difficult for the Defendant to drive the said vehicle normally, due to the Defendant’s negligence in the course of duty and thereby, received the back part of the Fststyna taxi driven by the Defendant at the front section of the said NAS-si.

Ultimately, the Defendant suffered injury to the victim G (V, 25 years old) who was on board the said taxi due to the foregoing occupational negligence, such as light fluoral dums, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each of the relevant Articles of the Act concerning the facts of crime;