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(영문) 인천지방법원 부천지원 2013.07.24 2013고단975
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On March 31, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 31, 2010, and a fine of two million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on October 26, 2010.

On April 6, 2013, the Defendant, who is engaged in driving of large CITY motor vehicles, driven the above motorcycle while under the influence of 0.182% of alcohol concentration on the blood alcohol level on April 6, 2013, and proceeded with the road in front of the permanent discount store in the northwest of Kimpo-si. In such a case, the Defendant: (a) caused the damage to the victim of the victim on the backside by failing to take care of the front direction and operation of the steering gear without appropriately operating the steering gear and operation of the steering gear despite the occupational duty to prevent the accident by properly operating the steering direction and operation of the motorcycle.

Ultimately, the Defendant driven a motorcycle in a state where normal driving is difficult due to the influence of drinking, and caused the victim to die due to the two pelkes and the blood transfusion while receiving treatment from the E Hospital located in the So-dong-gu, Soyang-gu, Soyang-si around 08:56 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Protocol of inspection;

1. Previous convictions indicated in judgment: Application of criminal history records, probationary records, high aid 2009 high aid 2946, high aid 2010 high aid 2010 high aid and summary order statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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