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(영문) 인천지방법원 2012.11.26 2012고단10378

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in the work of B Q125 Ba;

Around 18:10 on August 31, 2012, the Defendant driven the above Oral Ba, and driven the three-lane road in front of the Marine Corps 158-6, Seo-gu, Incheon, Seo-gu, Incheon, with three lanes from the direction of the Marine Corps Examination Station of the Marine Corps to about 30km each hour in the direction of the king Underground Road. At the time, the Defendant was under the influence of alcohol concentration of 0.135%, which makes it difficult for the Defendant to breathly drive the road in front of the Marine Corps 158-6. In such cases, the Defendant had a duty of care to immediately stop driving.

Nevertheless, as seen above, the Defendant was negligent in driving a bicycle in violation of the signal while under the influence of alcohol and received the Defendant’s front wheels part of the bicycle driving by the victim C (the 56-year-old age) with a bicycle riding along the crosswalk.

After all, the Defendant, as seen above, driven an Oral ba while it is difficult to drive normally due to influence of alcohol, and suffered from the victim’s left-hand booms that require approximately eight weeks of medical treatment.

2. Around 18:10 on August 31, 2012, the Defendant was driving a two-wheeled vehicle with a blood alcohol concentration of 0.135% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the head of SP125, the Defendant was driving a two-wheeled vehicle under the influence of alcohol of about 1km in the section of about 1km to the Marine Corps, which is located in a place where it is impossible to identify not more than folding times in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. A report on detection of a host driver, a statement of the status of a host driver, and