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(영문) 인천지방법원 2015.04.16 2015고단684
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 service C.

On October 8, 2014, at around 06:00, the Defendant driven the above Otoba while under the influence of alcohol with 0.163% of blood alcohol concentration, and led to the operation of the above Otoba under the influence of 0.163% of the name of Gyeyang-gu Incheon Metropolitan City, Incheon, as the name of the 1137 Gyeong-gu.

Since there was a crosswalk in which signal lights are installed on the front side, it is necessary to check whether there is a person who gets on the road driving service to reduce the speed and to see well the front door, while driving safely according to the traffic signal and preventing accidents in advance.

Nevertheless, the Defendant neglected to drive the signal in a state where normal driving is difficult due to the influence of alcohol as above and continued to proceed at the same speed while the signal of the signal is changed to the stop signal, and suffered injury to the victim D (ma, 51 years old), who crosses the right side from the left side of the crossing protection pursuant to the pedestrian signals, by taking the victim D (ma, 51 years old), who crosses the right side of the crossing protection from the Defendant's Otobbba, with the front wheels for about 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. The actual survey report and the occurrence of traffic accidents;

1. The circumstantial statement of the driver, the report on detection of the driver, and the report on request for appraisal;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the first offender, the violation of the crime, and the fact that an agreement has been reached with the victim);

1. The reasons for sentencing of Article 62-2 of the Criminal Act shall be recommended.

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