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(영문) 인천지방법원 2013.11.06 2013고단6038
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 B car.

On August 20, 2013, at around 22:46, the Defendant driven the said car while under the influence of alcohol with 0.215% of alcohol concentration, and us was driving on the street in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, in the direction of the event distance.

However, under the influence of alcohol, the victim C (the victim 40-year-old) who was in the atmosphere of traffic at the right side of the front-hander of the said vehicle was driven in the direction opposite to the direction of the traffic, due to the negligence of driving the vehicle in a state where normal driving is impossible, and received the front-hander part of the F-tax operated by the victim E (the victim E (the victim 49-year-old).

As a result, the above victims C and E suffered approximately two weeks of light finites, etc., which require treatment for about two weeks, and the victim G (25 years of age) who was on the taxi in the above E driver's finites, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. In this case, the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., the traffic accidents involving the Defendant’s high blood alcohol content below driving, and the Defendant’s central line during driving, thereby causing injury to the victims.

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