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(영문) 인천지방법원 2014.02.12 2013고단8165

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 one year 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 low-est car.

On October 13, 2013, at around 23:00, the Defendant driven the said low-est car while under the influence of alcohol of 0.211%, and driven the two-lanes between the three-lanes in front of the 100-1 main station in the south-gu Incheon, Nam-gu, Incheon, the Defendant driven the said high-est car at an insular speed from the right edge to the Food and Drug Administration on the side of the drawing.

At the time, taxi stops at night and at the above two lanes, so there was a duty of care to safely drive a person engaged in driving a motor vehicle by accurately manipulating the front side and the left side and the left side and accurately operating the operation and steering gear.

Nevertheless, the Defendant was negligent in driving while driving under normal conditions due to influence of drinking, and the Defendant was negligent in driving on the said two-lane by neglecting it, and received the part of the Defendant and the part on the left side of the victim E (the age of 48) from the victim E (the age of 1).

Ultimately, the Defendant suffered damage to the victim E by occupational negligence in light of the trend that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

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) 1 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the following reason for sentencing) is that the case causes a traffic accident in which the Defendant is driving under the blood alcohol concentration below the Defendant’s high blood alcohol level and the victim is injured during driving.