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(영문) 인천지방법원 2016.08.11 2016고단3348
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 19, 2015, the Defendant driven the said car under the influence of alcohol content of 0.118% among blood transfusions on May 19, 2015, and made the front side of the Seo-gu Incheon, Seo-gu, Incheon, turn to the left at the shooting distance at the entrance of the office from the Cheongdong Community Service Center at the front of the blue 1 Dong Community Service Center when the signal apparatus of the front side is red light.

The Defendant, while driving the said car in a situation where it is difficult to drive the car normally due to influence of drinking such as a string distance, etc., the Defendant received the victim D (SM 52 years old) EM 3 car driving in front of the left side of the said franchise and suffered injury, such as a chest string, etc., which requires approximately four weeks of medical treatment.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant in violation of the Road Traffic Act (drinking driving) driven a franchise-free car as described in paragraph (1) with a alcohol content of 0.118% at the time of the day specified in paragraph (1) and proceeded with a section of approximately 300 meters from the front side of the Seo-gu Incheon Metropolitan City Cheongro 1, to the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the long-term punishment for each of the above crimes) shall be imposed on concurrent crimes.

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