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(영문) 인천지방법원 2018.06.20 2018고단2696
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2018, the Defendant driven a body car B with alcohol content of 0.162% at around 22:17, while driving the car at a 0.162% alcohol level, and driving the 366-road at the Seo-gu Incheon Seo-gu Dro to a long-speed speed of about 50-60km from the high-priced entrance to the long-speed entrance. However, under the influence of drinking, the Defendant did not properly operate the steering gear at the front of the body car due to the influence of drinking and did not properly operate the steering gear at the front city and the steering gear at the center installed at the front part of the body car, and caused the victim C (24 ) who took the front seat of the body car at approximately 4 weeks to suffer injury, such as blood transfusion and wave, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. A survey report on actual conditions;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the Defendant, such as the following: (a) the Defendant’s act of causing a traffic accident under which the Defendant was under the influence of normal driving due to drinking and causing the injury to the injured party; (b) the degree of the injury suffered by the injured party due to the instant traffic accident is relatively heavy; and (c) the Defendant’s blood alcohol concentration at the time exceeds 0.162%, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that there is no record of criminal punishment due to driving of drinking prior to, and that the accident vehicle can be able to recover the damage of the victim due to the purchase of liability insurance.

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