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(영문) 인천지방법원 부천지원 2015.10.16 2015고단244

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced vehicle B.

On January 13, 2015, at around 14:05, the Defendant was under the influence of alcohol with a degree of 0.234% alcohol concentration, and the Defendant was under the influence of normal driving due to a difficult driving, and the road was under the influence of the D2 in Socheon-si C, Seocheon-si, without a separate lane prior to the D2nd-si discharge pipe.

It is a living road where housing and commercial buildings are concentrated, and at that time, the F-wing and freight cars driven by the victim E (51) were stopped in front of the aforementioned D-PP. Therefore, the driver of the motor vehicle had a duty of care to safely operate the steering gear and the steering gear of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to operate the steering gear at the front, and received the rear part of the passenger vehicle that the victim drives as the front part of the passenger vehicle that the Defendant drives by negligence.

Ultimately, the Defendant inflicted an injury on the victim, such as salt, tensions, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of actual conditions and a traffic accident;

1. Report on the control results of drinking driving, report on the status of drinking driving, and report on the status of drinking drivers, status of drinking drivers, and statement;

1. Medical certificates, on-site photographs;

1. Application of Acts and subordinate statutes of automobile insurance certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the number of concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the number of concurrent crimes resulting from the death or injury resulting from dangerous driving) shall be the number of concurrent crimes;