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(영문) 인천지방법원 부천지원 2015.07.22 2015고단1257

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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. 도로교통법위반(음주운전)죄 및 도로교통법위반(무면허운전)죄 피고인은 2015. 3. 16. 14:45경 부천시 원미구 심곡동 땡땡이오거리 부근 도로에서부터 2015. 3. 16. 15:00경 부천시 C 부근 도로까지 약 2킬로미터 가량 원동기장치자전거 면허 없이 혈중알코올농도 0.264%의 술에 취한 상태에서 D 대림 씨티100 오토바이를 운행하였다.

2. Around 15:00 on March 16, 2015, the Defendant, while under the influence of alcohol, driven a D large-scale 100 Oral cream (hereinafter “D large-scale cream”) with a one-lane road in front of Seocheon-si, Seocheon-si, Seocheon-si, with a speed of about 20 kilometers from the side of the chamber of commerce and industry at a speed of about a speed of 20 kilometers per hour from Seocheon-si.

In such a case, a person engaged in the driving of a motorcycle, who has the duty of care to stop the accident by driving the steering gear and the steering gear safely, but has a duty of care to prevent the accident by operating the steering gear and the steering gear, the victim was faced with the front wheels of the Oral wave with the front wheels part of the above Oral wave as the victim E (here, 10 years old) who was on the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 201.

As such, the Defendant driven in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as slick salt, which requires approximately two weeks of treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of actual condition survey and that of notification of the results of the control of drinking driving;

1. Entry in the register of driver's licenses;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and Article 148-2 (2) 1 of the Road Traffic Act concerning the crime.