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(영문) 인천지방법원 부천지원 2013.04.25 2013고단390
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

1. The defendant is a person who is engaged in driving a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On January 19, 2013, at around 23:59, the Defendant driven the above vehicle while under the influence of alcohol of 0.129% of blood alcohol concentration, and moved the two-lane road in front of 68-7 of the Gocheon-gu, Ycheon-gu, Ycheon-si along the two-lane from the front side of the offline to the offline of the offline.

At the time, the location is night, and the center line of yellow-ray is installed.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has the duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle in a manner that is difficult to drive.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear of the vehicle under the influence of alcohol, and obstructed the center line of yellow-ray with the center line of the yellow-ray, which was driven by the victim C(54 years old and over) who was driven by the victim C(54 years old and over), conflict with the front part of the left side of the vehicle of the Defendant.

As a result, the above victim suffered from the victim E (the 36-year old and the tension) who was on the back seat of the damaged vehicle with approximately two weeks of medical treatment.

2. On January 19, 2013, the Defendant, at around 23:59, driven a car owned by himself under the influence of alcohol content 0.129% from the front of the Seocheon-gu Incheon Metropolitan City Incheon Metropolitan City, Ocheon-gu, 68-7, Gocheon-gu, Hacheon-gu, in a manner of under the influence of alcohol content 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident;

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