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(영문) 인천지방법원 2015.11.25 2015고단6286

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 CP car.

1. On September 13, 2015, the Defendant was under the influence of alcohol 06:25% by blood alcohol concentration of 0.120% on September 13, 2015, the Defendant driven the said Pool car owned by the Defendant from the front side of the 22km-ro, Bupyeong-gu, Incheon to the front side of the 877-ro, the same 2km-ro to the front side of the 877-ro.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant on the road in front of the said zone at a temporary border with a blood alcohol concentration of at least 0.120%, while driving the said tetetetetetetra with a view to about 50 km from the surface of the said zone to the side of the parallel.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction, brakes, etc. when the driver of a motor vehicle stops well, and the driver of a motor vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system under the circumstances where it is difficult for the Defendant to drive the steering direction and operation system under the influence of alcohol as above, and due to the negligence of failing to properly operate the steering direction and operation system, the Defendant was placed in the front part of the passenger's right-hand side of the E New Airport bus, which belongs to the E. New Airport.

Ultimately, the Defendant suffered injury to the victim F (the age of 47) who was on board the bus due to the above occupational negligence, such as salt dynasty requiring approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. A fact-finding survey report, a fact-finding statement of a master driver, and a report on detection of a master driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act concerning criminal facts;