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(영문) 인천지방법원 부천지원 2015.12.07 2015고단3103
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

From around 19:00 on November 1, 2015 to 07:00 on the 2nd day of the same month, the Defendant was in a state of normal driving due to the influence of alcohol because he was unable to drink with his employees, friend and galle, etc., together with her parents, and was unable to take sufficient rest. However, at around 07:30 on the 2nd day of the same month, the Defendant driven the said car while under the influence of alcohol concentration of 0.156% at around 07:30 on the 07:30 on the 2nd day of the same month, and driven the two-lane road in the front day of Seocheon-si, Seocheon-gu, Nowon-gu, Seoul, along the two-lane road at the upper elementary school.

At the time, the Defendant was under the influence of alcohol, and thus, the Defendant engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while normal driving is difficult due to influence of alcohol, and there was a duty of care to accurately manipulate the steering direction and brake system and prevent the occurrence of the accident in advance.

Nevertheless, due to the negligence of driving a vehicle under the influence of alcohol, the Defendant was driven by D while driving the vehicle in front of the Defendant’s vehicle in front of the vehicle. The back part of the rocketing car was driven by the Defendant in front of the vehicle driven.

In the end, the Defendant sustained injury to the victim F (the age of 58) who was driven by a motor vehicle in a state where it is difficult to treat the motor vehicle normally due to the influence of drinking, due to the influence of alcohol, for about two weeks, such as cryp dump, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, and the application of Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment with prison labor) concerning the relevant criminal facts and the choice of punishment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

3. The Criminal Act, the suspension of execution;

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