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(영문) 인천지방법원 2016.07.14 2016고단2783
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 4 million for the same crime at the same court on May 4, 2016.

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 April 20, 2016, the Defendant, while under the influence of alcohol 0.149% during blood transfusion around 02:20 on April 20, 2016, had a three-lane road in front of the Incheon Bupyeong-gu, Incheon, flowed about about 40km in Si/Gun, according to one-lane long distance outflow from the shooting distance slope in the mountain.

At the time, the Defendant, while driving the said vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking such as a string distance, etc., while driving the vehicle at a time due to the influence of drinking, and driving E (K) of the victim D(59 years old) where he temporarily stopped at the front of the signal line at the front of the said vehicle, the lower part of the 5-day vehicle was called the front part of the said frighting vehicle, and suffered injury to the victim, such as the light fright, tension, etc. for which treatment for about two weeks is necessary.

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 violated the Road Traffic Act (drinking) driving a motor vehicle with alcohol content of 0.149% at the time of the day specified in paragraph (1), while under the influence of alcohol, the Defendant proceeded with a section of approximately 500 meters from the maart, adjacent to the Maart-dong, Incheon Bupyeong-gu, to the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the detection of a primary driver;

1. A survey report on actual conditions;

1. A medical certificate;

1. Previous convictions: References to inquiries, confirmation on driving force of drinking, and application of the Acts and subordinate statutes of the summary order attached thereto;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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