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(영문) 인천지방법원 2016.03.24 2015고단8432
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 one year 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 low-speed car.

1. On December 11, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) was driving the above vehicle around around 21:48, and led the Seo-gu Incheon Seo-gu roads to bypass the roads to the south elementary school from the seat of the Dong-dong.

In this case, the driver of the vehicle has a duty of care to properly operate the brakes by properly operating the brakes while looking at the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol content 0.148% in blood, the Defendant neglected this and received the victim D (25 years old) who was parked in the front bank due to the influence of alcohol in the blood, and received the part of the Defendant’s vehicle behind the E-A-Sa-Sa-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the above victim's acute sacrife trend, the trophal sa, the troke, the brue sacrife in need of treatment for about two weeks to the victim F (29 years old), the brue sacrife trend, the brue trend, the brue sacrif in need of treatment for about two weeks to the victim G (V, the 25 years old), and the brue sacrif in need of treatment for about two weeks.

2. On December 11, 2015, the Defendant in violation of the Road Traffic Act (drinking) driven the above high-speed car with alcohol content of 0.148% under the influence of alcohol during blood around 21:40 on the road front of the “new-jin horse restaurant” located in the Seo-gu Incheon Metropolitan City, Seo-gu, and proceeded with approximately 1km from the road front of the Southern elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and G;

1. The notice of the progress of crackdown on driving and the statement in the circumstances of the driver at driving;

1. A survey report on actual conditions;

1. Each and medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 and Article 148-2 of the Road Traffic Act.

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