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(영문) 인천지방법원 2016.06.02 2016고단2118
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a leisure car B.

1. On March 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said car under the influence of alcohol concentration of 0.223% among blood transfusion, and led to two-lane roads in front of Incheon Southern-gu, Incheon, along the view of Incheon, along the two-lanes from the view distance room to the view of Incheon.

The Defendant was parked on the front side while driving the said vehicle in a state that it is difficult to drive the vehicle normally due to the influence of drinking, such as a big distance from the walk, etc.

D) The lower part of the Cub car was being driven by the front part of the said Cub car and the victim E (n.e., the 28 years old) who was driven by the said Cub car was damaged by the victim E (n.e., the 3, 4, and 5 years old) in need of approximately 5 weeks medical treatment.

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. The Defendant violated the Road Traffic Act (drinking driving) driven the said ready-light vehicle with a alcohol level of 0.223% during the influence of alcohol during the day set forth in paragraph (1) and proceeded with approximately 300 meters from the Lao distance in the south-gu, Incheon Metropolitan City to the 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. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

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

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the same Act, respectively, shall be punished for a long term of each of

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