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(영문) 인천지방법원 2016.06.29 2016고단2274

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Brane XG car.

On February 11, 2016, the Defendant: (a) on February 23:13, 2016, 42 of the Bupyeong-gu, Incheon (hereinafter “Seoul”); (b) on the top of the shooting distance in the Bupyeong-gu, Incheon (hereinafter “Seoul”), the Defendant extracted the vehicle in such a state that it is difficult to drive the vehicle normally while under the influence of alcohol content 0.109%; and (c) driven the vehicle in such a state that it is difficult to drive the vehicle in a normal condition; and (d) driven the vehicle in a private distance from the GM treatment side by driving the vehicle in a speed of about 20km each other.

At the same time, the traffic signal of the vehicle was the blind, and the traffic signal was the stop signal at the time, and since other vehicles were stopping in the front section, there was a duty of care to operate the vehicle safely by putting the front door on the driver.

Nevertheless, under the influence of alcohol, the Defendant was driven by the injured party J(62) of the signal waiting in the front bank due to the negligence of neglecting it, thereby resulting in the Defendant’s franchise to the front part of the car.

Ultimately, the Defendant caused the Defendant’s injury to the victim J on the part of the above occupational negligence, such as light dump finites that require approximately two weeks of treatment, and each of the Defendant suffered from the Defendant’s injury to the victim L (56 years of age, female) who is the passenger of the vehicle with the above width, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Reporting of a traffic accident, reporting on the detection of a driver with the main driver, and reporting on investigation (official application of the aforementioned drone mark);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Reasons for sentencing in Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Recommendation of Sentencing) of the Aggravation of Concurrent Crimes