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(영문) 인천지방법원 부천지원 2016.07.22 2016고단1440

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 6, 2014, the Defendant issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on April 16, 2015, a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on April 16, 2015.

The defendant is also a person who is engaged in driving a car.

On May 24, 2016, when the Defendant was unable to drive normally while under the influence of alcohol 0.107% in blood at around 22:00, the Defendant driven the said car and proceeded ahead of the middle school in front of the middle school, which was located in 119 as the driving map in the Nowon-gu Seoul Special Metropolitan City, Seocheon-si, Seocheon-si, with one-lane distance from the middle school located in the direction of the middle school.

Since there is a road where a speed prevention threshold has been installed, there was a duty of care to prevent accidents by accurately operating the steering and steering system of the motor vehicle with a duty of care to live well on the right and the right and the right of the motor vehicle driver.

Nevertheless, the Defendant was negligent in neglecting his duty at the front of the Defendant’s vehicle due to negligence in the influence of alcohol, and the Defendant failed to verify the decrease of speed in order to exceed the speed limit for the Defendant’s vehicle driven by the victim C (19 years old) who was driving on the front of the Defendant’s vehicle (19 years old) and received two times after the Defendant’s front-hander of the damaged vehicle.

Ultimately, the Defendant suffered, by negligence, approximately three weeks of injury to the above victim C, and approximately two weeks of injury to the victim E (19 years of age) of the victim of the damaged vehicle, respectively, the Defendant suffered injury to the victim E (19 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

1. Each written diagnosis;

1. Plastics of, and damaged teas;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

1. Criminal facts;