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(영문) 인천지방법원 2018.03.07 2018고단127
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of 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 driving of B-learning automobiles.

1. Around November 21:52, 2017, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.227% from the 1km-dong, Namdong-gu, Incheon Metropolitan City to the front road of the same Gu C at the time of alcohol level.

2. Around November 21, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was under the influence of alcohol level of 0.227% among blood transfusion on November 21:52, 2017, the Defendant continued the roads in front of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, along the three-lanes of the south Dong-dong, from the front intersection bank.

The Defendant, while driving the said vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking, such as a big distance, and driving the vehicle at the intersection and driving it in violation of the signal at the intersection, was shocked by the victim D, who is left to the left according to normal signals and signals, the lower part on the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as light and chest distribution salt in need of approximately three weeks of treatment, and the injury to the victim F who was accompanied by the above vehicle, such as satum salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)

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