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(영문) 인천지방법원 부천지원 2013.04.25 2013고단271
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

The defendant is a person who is engaged in driving a car in a SP area B.

On February 2, 2013, the Defendant driven the said car while under the influence of alcohol of 0.187% of blood alcohol concentration on February 2, 2013, and driven the said car at a speed of about 40km per hour from the right edge to right edge high school at the speed of about 40km.

At the time, the Defendant passed through a private-distance intersection where the concession sign and yellow on-and-off signal are installed, and thus, the Defendant engaged in driving service had a duty of care to prevent accidents due to the Defendant’s failure to enter the intersection after thoroughly showing the right at a speed reduction or temporary stop and proceeding at the intersection.

Nevertheless, the Defendant neglected to do so and did not thoroughly take the front direction while making it difficult to drive a car normally due to influence of drinking, and was negligent by entering the intersection from the scamg, the lower part of the front direction of the victim D (the age of 44) driving, which was going through from the scamg, Seocheonnam Middle School (the age of 44).

As a result, the Defendant suffered injury to the victim D, such as an infection for about two weeks of medical treatment due to the foregoing occupational negligence. The Defendant suffered injury to the victim F (F, 55 years of age), and the victim G (V, 21 years of age) who was on board the back seat of the said taxi vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, reports on the circumstantial statement of the driver concerned, reports on the detection of the driver concerned, actual survey records, field photographs, etc., each medical certificate, investigation reports, and the application of investigation reports (HE Calculation);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 (2) of the Road Traffic Act concerning the crime.

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