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(영문) 인천지방법원 2016.01.14 2015고단7419

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2015, the Defendant: (a) driven Bran-house with alcohol content of 0.197% in alcohol during blood at around 18:04, and proceeds from “ Incheon Viewing” on the side of “Seoul” along the four-lanes in front of the Nam-gu Incheon Metropolitan City, the Defendant, as seen above, failed to properly operate the steering gear and brakes under the influence of drinking, making it difficult for the Defendant to properly operate the steering gear and brakes; (b) was driven by the victim D(58 years old), who temporarily stopped in the front line, with the front part of the Eststya car and caused the front part of the said passenger car to be driven by the victim (the front part of the said passenger car) in front of the said passenger car while being pushed into the front part of the said passenger car.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, suffered injury to the victim D, such as catum cat, etc. which requires approximately two weeks of medical treatment, injury to the victim H (the 31 years old), who is the passenger of the said rocketing passenger vehicle, for approximately three weeks of medical treatment, such injury to the victim I (the 4 years old), who is the passenger of the said rocketing passenger vehicle, for about two weeks of medical treatment, such injury as catum catum, etc. which requires approximately two weeks of medical treatment, and injury to the above victim F, who is the passenger of the said Lone Star passenger vehicle, to the victim J (the 54 years old, the 54 years old) who is the passenger of the said Lone Star passenger vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Written statements of J and H;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 and Article 148-2 of the Road Traffic Act.