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(영문) 인천지방법원 2015.09.17 2015고단4551
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

The defendant is a person who is engaged in driving a rocketing car.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant around 16:00 on February 22, 2015, and the Defendant was driving the above vehicle along one-lane road of the five-lane 4444, as the direction of the city in Ansan-si, Gyeonggi-do during the safe-si period.

In this case, the driver of the motor vehicle has a duty of care to properly operate the brakes by properly operating the brakes while keeping the driver of the motor vehicle in good manner.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol content 0.156%, and due to the negligence that the Defendant failed to operate the brakes properly, thereby passing along two lanes from the right side of the Defendant, and received the part of the Defendant’s vehicle back to the driver’s seat of the victim C(31 years old) driving by the Defendant.

Ultimately, the Defendant driving the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said victim C, such as satise finites that need to be treated for about two weeks, and satise finites that need to be treated for about two weeks to the victim E (V, 36 years of age).

2. Violation of the Road Traffic Act and the violation of the Road Traffic Act (free license) were driven by the Defendant without obtaining a driver’s license in the section of about 3 km from the inside of Manyang-si, Mayang-si, Gyeonggi-do to the place like paragraph (1) and without obtaining a driver’s license in the same section of about 0.156% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Notification (A) of the results of the drinking driving control (A), and inquiry into the results of the drinking driving control (A);

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