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(영문) 인천지방법원 부천지원 2018.08.09 2018고단1435
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. The Defendant is a person who is engaged in driving a Bran XG car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 2, 2018, the Defendant driven the above car at around 17:30 on May 2, 2018, and became to enter the road without a vehicle adjacent to the D cafeteria in Bupyeong-si.

At the same time, there is a place where a narrow road without a vehicle line enters the same three-lanes, so a person engaged in driving of a motor vehicle has a duty of care to ensure the entry of the motor vehicle as well as to prevent an accident and safely operate by making it possible for the person engaged in driving the motor vehicle to enter as intended.

Nevertheless, the Defendant neglected this and thereby driving a victim E (5 years) (5 years) who drives a two-lane in the three-lanes of the above Part 3 lane while under the influence of alcohol 0.172% while driving a normal driving due to negligence.

The front part of the F-learning Motor Vehicle was shocked by the back part of the motor vehicle operated by the defendant.

As above, the Defendant suffered injury to the victim, by negligence, due to the vehicle driving under normal driving difficulties while driving a motor vehicle, such as cerebral finite, which does not have any wife within two weeks of open medical treatment.

2. The Defendant was driving the said vehicle under the influence of alcohol concentration of 0.172% in a section of about 30 meters in the date and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report of internal investigation (suspect behavior at the time of measurement);

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a notice of the results of crackdown on drinking driving, and a report on the situation of driving at drinking;

1. A written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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