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(영문) 인천지방법원 2013.04.10 2012고단11830
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 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 a BM5 car.

1. Around December 21, 2012, the Defendant driving the said vehicle under the influence of alcohol content of 0.161% from the front of the “cambow” road located in the Jung-gu Incheon Dong-dong, Jung-gu, Incheon, Jung-gu, to the front of the same Dong-dong, Man-dong, Incheon.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) provided that the Defendant was obliged to drive the said car under the influence of alcohol concentration of 0.161% on the date and time set forth in paragraph (1) while driving the said car in the difficult condition to drive normally. In such a case, the Defendant had a duty of care to reduce the speed to those engaged in driving of the vehicle, to keep the right and the left and right of the vehicle in a safe way, and to operate the said car safely, by driving the said car on the road in front of the Incheon Jung-gu Incheon Jung-gu Incheon East Eastern-dong Incheon-do from

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and failed to properly stop in the front of the front, received the back portion of the Down Paint car driven by the victim C(the age of 60) who was driving in the front of the said car, and suffered the victim from the injury of the right-hand typ and the fright to the right-hand typitis, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article 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 drinking and the choice of imprisonment), Articles 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving and the choice

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

1. The fact that there has been an agreement with the victim under Article 62 (1) of the Criminal Act and the punishment of a suspended sentence or more;

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