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(영문) 인천지방법원 부천지원 2018.03.28 2018고단230
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

The Defendant is a person engaging in driving a rocketing car.

On December 12, 2017, the Defendant driven the said car while under the influence of alcohol 00:13% at around 00:232% of alcohol level, and driven the said car at a low speed of 0.232% at the construction site of the construction site in the Kimpo-si, Kimpo-si, at a long-term speed from the Hanpo-ro toward the long-speed speed. At that time, the Defendant had a duty of care to immediately stop driving to a person engaged in driving service. In such cases, the Defendant had a duty of care to immediately stop driving.

Nevertheless, Defendant 1 neglected to operate a steering gear and brake while under the influence of alcohol and did not properly operate the steering gear and steering system, and obstructed the central line, due to negligence, Defendant 1 was driven by the victim D (V, 46 years old) who was under the influence of signal waiting at the first lane of the road adjacent to the mast, and received the front part of the Ethler’s car as the front part of the said Hasta car.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as a thring, which requires approximately six weeks of medical treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. A survey report on actual condition, on-site photographs, a statement on the circumstances of the driver of the main place, a alcohol appraisal report on blood, a report on detection of the driver of the main place of business, and CCTV photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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