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(영문) 인천지방법원 2015.12.23 2015고단4915
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 two years 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 or Injury caused by Dangerous Driving) is a person who is engaged in driving C cuss car.

The Defendant, while under the influence of alcohol content 0.146%, driven the above vehicle in such a state that it is difficult to drive normally, such as influorous and influorous distance, while setting red on the inside, and driving the vehicle. On July 2, 2015, around 03:23, the Defendant driven the front of the training elementary school, which was 324 way due to the cause of Yeonsu-gu Incheon, from the side of the Red Cross Hospital, by moving by right at about 30 km from the side of the Red Cross Hospital to the direction of academic distance.

Since the place has a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on the way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and caused the victim D(20 years of age) to go to the right side from the left side of the crosswalk in accordance with the green pedestrian signals on the crosswalk due to the negligence of a violation of signal signals while under the influence of alcohol and by bypassing it.

As a result, the Defendant suffered injury to the victim D due to the above occupational negligence, such as a flag blood transfusion without a head open room for about eight weeks in need of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a ecoo vehicle under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.146% at a section of about 300 meters from the front of the Yeonsu-gu Incheon in Yeonsu-gu to the road of the accident site under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

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

1. Criminal facts;

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