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(영문) 인천지방법원 2015.04.09 2014고단7739

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Crops.

1. Around September 3, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle under the influence of alcohol concentration of 0.106% while normal driving is difficult due to the influence of alcohol on September 3, 2014, and driven one-lane of the front distance in front of the Eanan apartment located in the Yeonsu-gu Incheon Metropolitan City Benchdo Conging City, Yeonsu-gu, Incheon, on the surface of the Korea Coast Guard from the Maritime Police Agency to the second intersection.

At night, there was a situation in which a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as complying with signals, examining whether a person is a pedestrian on a crosswalk, etc., because the signal apparatus and crosswalk was installed at night, and there was a duty to safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant shocked the victim D(32 years of age) and the victim E(34 years of age) who is the husband and wife who was frighting at the crosswalk due to occupational negligence that entered the crosswalk as is, as it is, a stop signal.

Ultimately, the Defendant suffered from the injury of the victim D, such as fresh fresh and fresh fresh fresh fresh, which requires the victim D’s treatment for about 12 weeks due to such occupational negligence, and the injury of the victim E, such as fresh fresh and fresh fresh fresh fresh fresh fresh freshing

2. The Defendant violated the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act, while under the influence of alcohol 0.106% of blood alcohol content, driven the said vehicle from around 50 meters to the point of accidents described in the preceding paragraph at approximately 500 meters, as in the case of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. G statements;

1. A traffic accident report or a traffic accident report (1)-4);

1. A report on detection of a host driver;