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(영문) 인천지방법원 2016.07.14 2016고단2839
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 engaging in driving a M& car.

On April 16, 2016, the Defendant: (a) driven the said car under the influence of alcohol content of 0.158% at around 22:20, while driving the car with a view to normal driving, such as a string distance, and driven the car at 537-lane (Training Dong) in the direction of repair service distance at the Cheongnam Underground Road, while driving the car at 4-lane in the direction of repair service distance at the Cheongnam Underground Road. On April 16, 2016, the Defendant suffered from the victim C (67 years) who was waiting in the front of the Defendant’s car and stopped the 2-day back of the cab while waiting in the front of the Defendant’s car, thereby suffering from the injury of the victim (67 years old) who was on board the taxi in need of treatment for about 2 weeks, such as brain salin, salvinite, and salinium.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (Dless driving) were under the influence of 0.158% of alcohol while under the influence of alcohol with no driver’s license at the time of the day indicated in paragraph (1), the Defendant driven the said B EM car and proceeded 500 meters from the front of the Defendant’s dwelling in Yeonsu-gu Incheon Metropolitan City F to the place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

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

1. A survey report on actual conditions;

1. The driver's license ledger (the investigative record No. 33, 34 pages);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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