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(영문) 인천지방법원 2017.11.01 2017고단6045 (1)

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a radar car.

On July 29, 2017, the Defendant driven the said car under the influence of alcohol content of 0.274% among blood transfusions on July 29, 2017, and driven the same car along the two-lanes between five lanes, namely, a new engineer distance.

Since there is a vehicle standing in the signal waiting at the front door, the driver of the vehicle shall reduce the speed and safely drive the vehicle by checking it well, and the driver of the vehicle shall not drive the vehicle under the influence of drinking or drugs.

Nevertheless, the Defendant, while driving a motor vehicle normally due to influence of drinking, did not keep the front door properly and without showing the signal stop on the front side by negligence while driving the motor vehicle, caused the back end part of the Egystro straw in the Egystro straw in the front side of the Defendant’s vehicle, which was driven by the victim D(47 cm) who driven the vehicle, and caused the shock to shock the back part of the G G G G G G G GY car driven by the F.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the detailed statement report, on-site photographs, on-site survey report, and medical certificate on the actual condition of the driver;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of causing bodily injury to a driver who is in charge of the crime: The main sentence of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (elective punishment by imprisonment): Articles 148-2 (2) 1 and 44-2 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;