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(영문) 인천지방법원 부천지원 2017.12.22 2017고단2552
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a B-learning car.

On October 2, 2017, at around 17:30 on October 2, 2017, the Defendant proceeded with the front road of Kimpo-si, Kimpo-si, in a state where normal driving is impossible due to the influence of alcohol to the extent that snow is shocked, face is red, and the walk is not properly walked.

There was a duty of care to prevent accidents in advance by safely driving a person engaged in driving service by looking forward and rear well.

Nevertheless, the Defendant was negligent and negligent in proceeding while under the influence of alcohol as seen above, and the part on the left side of the Defendant’s vehicle was driven by D, which was proceeding in the opposite direction to be Madna, with the part on the left side of the Defendant’s vehicle.

Ultimately, the Defendant, as seen above, driven the said taxi in a state where it is difficult to drive the taxi normally due to influence of drinking, and caused the victim FF (51) who was on board the said taxi to suffer approximately three weeks of salt ties and tensions that require medical treatment.

2. A violation of the Road Traffic Act (refluence of alcohol measurement) was driven under the influence of alcohol by the Defendant, such as drinking alcohol to the Defendant and smelling on the face from the chief of the police box of the Gyeonggi Kim Jong-dong Police Station at the time and place specified in paragraph (1) of this Article, while driving the said motor vehicle with the aforementioned drinking at the same time and place.

Even though there are reasonable grounds to determine a person, a police officer was requested to comply with the measurement of drinking by inserting the breath of alcohol into a drinking measuring instrument over about 30 minutes, the police officer failed to avoid the breath and to comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. D. D.

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