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(영문) 인천지방법원 2016.11.16 2016고단3101
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

A. 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 C observer vehicles.

On October 31, 2015, the Defendant, at around 01:20, was driving a motor vehicle at a speed of about 60 km in the city, depending on two lanes, from the 4-lane off from the etitual distance off the etitual distance, while he was under the influence of 0.129% of the blood alcohol concentration without a driver’s license in the new copy distance of 235-lane, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

At this point, there were many traffic signals, etc. on the intersection, so there was a duty of care to safely drive a motor vehicle according to the signals by reducing the speed and by properly examining the right and the right of the motor vehicle driver.

Nevertheless, the Defendant, without a driver's license, was negligent in entering the intersection by driving the vehicle in a situation where normal driving is difficult due to the influence of alcohol, and entered the intersection as it is, according to the vehicle driving signal, led the victim D (the age of 39) who was driven by the victim D (the age of 39) who was driving to turn to the left at the seat of the Bupyeong-gu Office in accordance with the vehicle driving signal, to the front pande of the observer vehicle.

After all, the Defendant caused the above occupational negligence to give approximately three weeks of medical treatment to the victim, which is in need of medical treatment.

B. On October 31, 2015, the Defendant: (a) around 01:10 on the roads near the cian calendar in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) around 01:20 on the same day, the Defendant driven a Cobserver vehicle with a blood alcohol concentration of 0.129% while under the influence of alcohol, without obtaining a driver’s license from around 2.5 km to the new reproduction distance of approximately 2.5 km-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Motor vehicle accident report, motor vehicle driver's license register, and motor vehicle driver's license register;

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