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(영문) 인천지방법원 부천지원 2013.11.22 2013고단3003
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a observer car.

On September 5, 2013, the Defendant, while under the influence of alcohol 0.264% of the blood alcohol concentration on September 17:5, 2013, operated the said car as his duties, and led the Defendant to drive the said car in front of the instant restaurant located in the Gyeonggi Kimpo-si.

The driver's duty of care to prevent accidents by safely driving the front left by safely examining the front left left-hand hand in the front door of that place. The driver's duty of care was to prevent accidents by driving the front left-hand hand.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant’s negligence, and the part of the lower part of the vehicle in the front part of the options car.

As a result, the Defendant suffered a diversous salt injury, such as a climatic fluor, which requires medical treatment for about two weeks by negligence in the above occupational negligence, in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Reports on traffic accidents, and photographs related to accidents;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. All circumstances, such as the confession of the instant crime and the violation of Article 53 and Article 55(1)3 of the Criminal Act (i.e., the degree of damage to the victim, the agreement with the victim, and the absence of any record of punishment exceeding the fine).

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