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(영문) 인천지방법원 2016.07.14 2016고단2841
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a vehicle B (i) 30.

On May 14, 2016, the Defendant driven the said car under the influence of alcohol content of 0.183% among blood transfusion around 00:00, while driving the said car, and driving it along the four-lane road prior to “D” located in Incheon Southern-gu C, Incheon, along the two-lane away from the long-distance outflow of tin-distance.

At the time, the Defendant, while driving the said vehicle under the influence of drinking, such as a remote distance, while driving the said vehicle at a time due to difficult driving due to the influence of drinking, was faced with the injury of the victim E (W 42 years old) who was in a temporary stop at the front of the signal waiting at the front, the lower part of the FCM (W 5 years old) of the victim E (W 42 years old) who was in the front of the said i30 vehicle and suffered about two weeks of the injury to the victim.

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. On the day set forth in paragraph 1, the Defendant was driving 130 automobiles under the influence of alcohol content of 0.183% from the blood alcohol level among the bloods set forth in paragraph 1 at the time of the day set forth in paragraph 1, and the Defendant proceeded with approximately 4 km from the road front of Yeonsu-gu Incheon Metropolitan City’s line-dong to the place set forth in paragraph 1, where the trade name cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the sum of the long-term punishments of each of the above crimes) of the aggravated concurrent crimes;

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