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(영문) 인천지방법원 2016.09.28 2016고단4354
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 a period of two years 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 before the risk) is a person who is engaged in driving a motor vehicle B with the highest other car.

On June 1, 2016, the Defendant, while under the influence of alcohol 0.150% during blood transfusions on June 23:10, 2016, operated the said car in such a state that it is difficult to drive the car normally due to the influence of drinking, such as influence of the walking condition, the walking condition is big and the blood color is very red, and led the road of four-lanes in front of Incheon Seo-gu, Incheon to proceed along three-lanes from the right side of the audience.

Before the same direction, the victim D(24) is followed by the E-Wone Star passenger car driven by the victim D(24). Thus, the driver had a duty of care to ensure that the driver is well aware of the situation, and that the driver has a duty of care to ensure the safety distance to avoid when the car stops.

Nevertheless, the Defendant, while under the influence of alcohol, found it late to temporarily stop a car driving by the victim's negligence in the vicinity of the vehicle while driving, but did not avoid it but received the part of the victim's vehicle in front of the Defendant's vehicle in the above low speed, and received the part of the victim's next to the driver's vehicle in the Ireland.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to occupational negligence as above.

2. Around June 1, 2016, the Defendant violated the Road Traffic Act (drinking) driving a passenger car with two highest color while under the influence of alcohol of about 0.150%, from the front Do of an apartment, who is a water source located in the Seo-gu Incheon Western District, Seo-gu, Incheon, to the roads of Incheon Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual condition of a traffic accident, a written statement of the driver involved in the traffic accident, and reply to requests for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Criminal facts;

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