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(영문) 인천지방법원 부천지원 2014.02.27 2014고단20

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. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a vehicle BM5. On December 16, 2013, the Defendant was under the influence of alcohol of 0.150% of blood alcohol concentration around 23:05 on December 16, 2013. The Defendant driving the said vehicle and driving the vehicle in the direction of 38-6 front of the 538-6-dong, Seocheon-si, Seocheon-si in the direction of transmission.

Since there is a center line installed, the driver of a motor vehicle has a duty of care to proceed with the motor vehicle to the right side of the center line based on the direction of course. However, the defendant, under the influence of alcohol, suffered from the injury of the victim C, the victim C, and the victim D's bridge part going beyond the center line due to the influence of alcohol, due to the occupational negligence going beyond the center line. The victim C, the victim D's bridge part going beyond the center line in front of the right side of the above SM5 motor vehicle. The victim's occurrence, etc. goes beyond the above SM5 vehicle free fishing, and suffered from the victim C's injury, such as the victim's treatment for about two weeks, and the knee field and tension in detail. At the same time, the victim D suffered from the injury, such as the kneum knee, which requires treatment for about two weeks.

2. On December 16, 2013, the Defendant, at around 23:05, driven a BM5 vehicle while under the influence of alcohol content of 0.150% at a section of about 20 meters from the 536-6th day of Busan-si, Seocheon-si to the upper end of 536-5 LAG LA to the same road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements prepared in D;

1. The application of Acts and subordinate statutes to the investigation report on actual condition, photographs of the vehicle under consideration, reports on the occurrence of traffic accidents, notification of the results of the control of drinking driving, report on the situation of drinking driving, circumstantial report on drinking drivers, each medical certificate, and each investigation report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury resulting from dangerous driving) and Article 5-11 of the same Act concerning criminal facts.