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(영문) 인천지방법원 부천지원 2014.10.31 2014고단2239

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

The defendant is a person who is engaged in driving of a spati vehicle B.

1. On August 7, 2014, at around 01:55, the Defendant was under a direct influence of alcohol with a 0.246% alcohol concentration on the side of the instant bank, depending on two lanes of the five-lane road in front of the telephone station distance in the 31-1-1, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City, the Defendant was driving under the influence of alcohol with a 0.246% alcohol concentration on the side of the instant bank.

Since the place was a blind-distance intersection with a vehicle signal apparatus, there was a duty of care to prevent accidents in advance by driving safely by checking the traffic situation of the front and rear left, according to the new subparagraph.

Nevertheless, the Defendant neglected to perform his duty of care in a situation where normal driving is difficult due to influence of drinking, and caused the negligence of a direct driving due to a violation of signal and the left-hand turn pursuant to the new subparagraph at the first-lane of this Part, which the victim C (year 51) driven by the victim C(year 51) in accordance with the new subparagraph, was shocked with the front-hand part of the bus driver in front of the above vehicle.

As a result, the Defendant suffered from the above occupational negligence, the injury of the victim E (31) and the victim F (23 years old), the passenger of the bus vehicle, such as salt, tensions, etc., in need of a three-day medical treatment, the injury of the victim C and the passenger of the bus vehicle, the victim G (48 years old), the passenger of the bus vehicle, and the victim H (45 years old) in light of the trend that requires a two-day medical treatment, and the injury of the victim I (65 years old) who is the passenger of the bus vehicle, such as light dump, tension, etc., in need of a ten-day medical treatment.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol content of about 0.246% at the section of approximately 1 kilometer from the front of the department store store to the location of the same accident as described in paragraph (1).

Summary of Evidence

1. The defendant's legal statement; 1.1.