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(영문) 인천지방법원 부천지원 2015.05.22 2015고단1010
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 one year 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 by Dangerous Driving) is a person engaged in driving a vehicle B high-speed.

On March 27, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.139% 0.139% in the influence of alcohol around 20:05, and driven the front road of D in Kimpo-si Kimpo-si C at a speed of about 60km from the eastri-ri-si to the westa-si.

Since the place is a road bend to the right side and there is a person walking on the right side at the time, the driver of the motor vehicle has a duty of care to accurately operate the steering gear, brake and other devices of the motor vehicle, not to drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the motor vehicle, and to ensure that the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle at an appropriate speed.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of drinking, and changed it to the right side to the left side of the road by the negligence of driving, and brought the victim E (the age of 28) who walked on the right side of the said car at the time.

Ultimately, the Defendant suffered about three weeks of medical care due to the above occupational negligence, 6 times cages cages cages, sages fages, etc.

2. On March 27, 2015, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of about 0.139% from the section of about 5km from the section of approximately 5km from the 20:05 to the front road located in Kimpo-si Kimpo-si, Sin-si, Sinpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements and traffic accident-related persons' statements;

1. Traffic accident report and report on the actual status of the driver;

1. A medical certificate;

1. A photograph of the vehicle involved;

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