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(영문) 인천지방법원 부천지원 2014.11.28 2014고단2501

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 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 a passenger car B PP 207.

On August 6, 2014, at around 21:18, the Defendant driven the said vehicle in a state where it is difficult to drive the said vehicle normally with a blood alcohol concentration of 0.187%, and led the Defendant to drive the said vehicle along the one-lane road of 114,00 U.S., Nowon-gu, Nowon-gu, Seoul Special Metropolitan City with a single-lane road of 114, U.S., one-lane away from the upper floor distance.

At that time, the Defendant had a duty of care to live well, maintain the safety distance, operate the steering and operation system safely, as the victim C(the age of 42) driving one lane in the same direction followed the Drocketing car. Therefore, the Defendant had a duty of care to safely operate the steering and operation of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to operate the steering gear at the front of the car that the Defendant is driving by negligence and did not operate the steering gear safely, and received the rear part of the car that the victim drives.

Ultimately, the Defendant suffered from the injury of the above victim and the victim E (the age of 43) who was on a passenger car operated by the above victim due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report and photographs related to accidents;

1. Each written diagnosis;

1. Notification of the control results of drinking driving, and the application of Acts and subordinate statutes of the report on drinking drivers;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. A confession shall be made to commit a crime under Article 62 (1) of the Criminal Act;