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(영문) 인천지방법원 2014.01.16 2013고단6576
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

The defendant is a person who is engaged in the operation of Bunst Motor Vehicle.

On August 3, 2013, the Defendant was under the influence of alcohol of 0.185% without obtaining a driver’s license on August 12:54, 2013, while driving the said vehicle, and driving the said vehicle at a speed of about 30 km from the Gyeong apartment at the speed of about 30 km from the west apartment to the parallel road of the Dlimma in the 699-dong, Seo-gu, Incheon Metropolitan City.

The Defendant, while under the influence of alcohol, was driven by the part of the backer part of the Dworket No. C owned by C, which was parked on the backway due to a failure to properly operate the front-way and steering system, as the front-way part of the Defendant’s passenger vehicle. On the one-lane road, the Defendant got into the front-way part of the F urban bus driver’s seat driven by the victim E (the age of 51) who was driven by the traffic signal while entering the road into the one-lane road.

The Defendant suffered by negligence on the part of the above job-related duties the injury of climatic salt, etc. to the above E, the injury of the victim G (V, 42 years old), the passenger of the above city bus, and the victim H (V, 64 years old), respectively, for about two weeks of medical treatment.

As a result, the defendant is driving a motor vehicle under the influence of alcohol without obtaining a driver's license, and driving a motor vehicle under the influence of alcohol which makes it difficult to drive normally, thereby causing injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, C, H and G;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. Registers of driver's licenses, etc.;

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

1. The point of causing bodily injury to the driving of a dangerous motor vehicle under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: The point of driving a drunk motor vehicle under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act;

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