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(영문) 인천지방법원 2016.02.15 2015고단7279
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On August 16, 2015, at around 03:14, the Defendant driven the front road of Jung-gu Incheon Metropolitan City D with a alcohol content of 0.140% in blood, while under the influence of alcohol level of 0.140% in blood, and the Defendant driven the said Adon-lur-lur-lur-lur-lur-lur-lur-lur-lur-lur-lur-hur-hur-hur-hur-hurged

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving service is thoroughly able to drive the motor vehicle in the front line and safely.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (37) who is driving in the main line along the opposite opposite lane due to the negligence of the central line, and received the front part of the new learning vehicle as the front part of the said AWW car.

As a result, the Defendant driven the said A-Wld-Wld-Wld-Wld-Wld-Wlet under the influence of drinking, and suffered approximately 10 weeks off the left-hand framework in need of treatment for about 7 weeks to the victim E, and suffered from the victim G (e.g., the 35 years old) who was on the said A-Wl-Wl-Wlet-Wlet-Wlet-Wlet-Wl-Wlet-Wlet

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes, such as a report on the detection of the driver in charge of the primary driving, a report on the circumstances of the driver in charge of the primary driving, field photographs, CCTV images,

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [Type Decision] Class 1 of the Act on the Aggravated Punishment of Traffic Accidents (the injury caused by traffic accidents) (the person with special sentencing) - The aggravated factor is among the proviso of Article 3(2) of the Act on the Aggravated Punishment of Crimes.

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