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(영문) 인천지방법원 부천지원 2013.11.29 2013고단3076

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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

1. Around 14:00 on August 1, 2013, the Defendant: (a) operated BMF5 car under the influence of alcohol content of 0.123% while under the influence of alcohol without obtaining a driver’s license at the section of approximately 28 km at the distance of the Han apartment located in the Han apartment located in the Han apartment at the high village of the Gyeonggi Kimpo-si, Gyeonggi-si; and (b) around 14:45 on the same day, the Defendant was driven by BMF5 car under the influence of alcohol content of 0.123%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving BM5 motor vehicles;

On August 1, 2013, the Defendant operated the said car on August 14:45, 2013, while driving the said car, the Defendant continued to drive the Korean-style apartment 4-lanes in front of the Korean-style Slock apartment distance from the new egrative distance to the Taeri-ri Intersection.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, and he/she has a duty of care to prevent accidents in advance by driving the steering gear and brake system in a safe way, such as accurately operating the steering gear and brake system, etc. in a safe manner.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering gear and brakes under the influence of alcohol as above, the Defendant was driven by the victim C (Nam, 45 years old) who was standing on the left left-hand left-hand side of the direction to the right-hand left-hand side of the foregoing SM5 car, and was driven by the victim C (Seoul and 45 years old) to the right-hand side of the freight.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim C, such as salt, tension, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. The actual survey report and photographs of each field;

1. A medical certificate;

1.Each.