(영문) 인천지방법원 2015.04.02 2015고단72

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(영문) 인천지방법원 2015.04.02 2015고단72

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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 Brenren car.

On November 11, 2014, the Defendant driven the said car at a speed of 0.139% with a blood alcohol concentration of 0.14:00, and driven the said car at a speed of about 30 km from the side of the sublim market distance to the sublime three-lane 104 in the south-gu Incheon Metropolitan City.

The Defendant was in difficult condition to drive normally due to the influence of drinking such as above, and the Defendant was a vehicle stopping in the front direction at the time, and thus, the person engaged in driving service was well aware of the situation and had a duty of care to safely proceed by adjusting the speed in advance.

Nevertheless, the Defendant neglected this by negligence, caused the part of the back part of the Defendant’s vehicle driven by the victim C(55 years old) who stops in the same direction as a signal signal signal, to be the front part of the Defendant’s vehicle, and due to the shock, the part of the back part of the F. F. M. car driven by the victim E(47 years old) who stops in the front section of the said taxi at the front section, and the part of the back part of the H.E. car driven by the victim G(36 years old) who is standing in the front section.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim C, such as the mouth of clothes, which requires treatment for about five weeks, injury to the victim E, such as an unknown cerebral salin in detail as requiring treatment for about two weeks, injury to the victim G, such as salinite salinum, requiring treatment for about two weeks, and injury to the victim I (the victim I, who is the passenger of the said rocketing taxi, aged 41) who is in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, C, and G;

1. A written statement of I and J;

1. A traffic accident report;

1. The circumstantial statements of the host driver, the report on detection of the host driver, and the report;

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