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(영문) 인천지방법원 2013.05.22 2013고단388

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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) the Defendant is a person engaging in driving service;

On December 18, 2012, at around 23:30, the Defendant driven the said car under the influence of alcohol of 0.114% of blood alcohol concentration, and driven the speed of about 40 km from the west-gu, Incheon, Nam-gu, Seogdong-dong 572-11-way.

At the same time, there is no median line, and there was a duty of care to reduce speed and to safely check the right and the right and the right of the driver's vehicle in the opposite part of the defendant's proceeding direction.

Nevertheless, the Defendant was negligent in driving in a state where normal driving is difficult due to the influence of alcohol and was negligent in driving the vehicle without being negligent, and received the left part of the said Scaltra motor vehicle with the left part of the said Acptra motor vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the closure of the lower-class executive officer in need of approximately eight weeks of treatment.

2. Around 23:30 on December 19, 2012, the Defendant driven a 100-meter motor vehicle from the Seocho-gu Incheon Seodong-gu, Seocho-dong-gu, Incheon to the above place under the influence of alcohol with a blood alcohol concentration of 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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

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

1. The suspended execution is agreed on May 7, 2013 with the victim under Article 62(1) of the Criminal Act.