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(영문) 인천지방법원 2018.07.11 2018고단4097
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 17, 2018, the Defendant violated the Road Traffic Act (drinking) driven a C rocketing or other business taxi under the influence of alcohol leveling 0.205% during blood while under the influence of alcohol leveling from around the parking place of the Incheon Medical Center Funeral Service, located in the Seo-gu Incheon Metropolitan City, to the back-side road of 457, Nam-gu, Incheon.

2. The Defendant is a person who is engaged in driving a rocketing taxi listed in paragraph (1).

The Defendant, while under the influence of alcohol, as described in paragraph (1) of this Article, driven the foregoing motor vehicle under the influence of alcohol, and proceeded along three lanes on the side of the “empic distance” on the road in front of the 457 South-dong Incheon Metropolitan City, and toward the direction of the “epic distance.”

Since the above cross-road signal was red signal and the victim D (46 e) was set up a car with the body of land E in accordance with the red signal, there was a duty of care to maintain the safety distance of the front vehicle and prevent accidents in advance by operating the steering direction and brake system accurately.

Nevertheless, the Defendant neglected this and proceeded as it is, and received the part of the front part of the Defendant’s automobile, following the victim’s vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and sustained injury to the victim, which requires approximately two weeks of medical treatment.

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 D;

1. A traffic accident report;

1. A report on the circumstances of each photograph and the driver's license;

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

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes selected.

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