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(영문) 인천지방법원 2016.01.28 2015고단8013
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a rocketing car.

On November 8, 2015, at around 22:07, the Defendant driven the said car in a state where it is difficult to drive it normally, such as under the influence of alcohol concentration of 0.181% under the influence of alcohol on the street in front of the D main point in Gyeyang-gu Incheon Metropolitan City, and driving it at a speed of about 40 km per hour among the two-lanes at the Cheongcheon-dong basin from the epo-dong epochbbbbs.

In such a case, a person engaged in driving of a motor vehicle must not drive a motor vehicle under the influence of alcohol while normal driving is difficult, and even if it is inevitable to drive a motor vehicle, he/she has a duty of care to safely drive the motor vehicle by checking well the left and right of the front.

Nevertheless, the Defendant neglected this and caused injury to the victim E (52) who crosses the road from the right side of the vehicle driving to the left side of the vehicle driving by the Defendant due to the negligence of driving the vehicle while under the influence of alcohol. In addition, the Defendant suffered an injury, such as a cage cage bridge, etc., for about four weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On the date and time of the above paragraph 1, Defendant 1 driven the above rocketing car under the influence of alcohol content of 0.181% from the 300m section to the place of paragraph 1 of the same Article from the 300m section, which is on the trade name in the south of Gyeyang-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Inquiries about the results of crackdown on driving drinking, report on the circumstances of the driver involved, and response to requests for appraisal;

1. A medical certificate;

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