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(영문) 인천지방법원 2016.08.10 2016고단2906
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

1. The Defendant is a person who is engaged in driving a car in Grandland as a driver of the vehicle in Grandland, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before danger).

On April 24, 2016, the Defendant driven the above passenger car with alcohol content of 0.127% among blood transfusion around 06:30, and continued three-lane roads in front of the shooting distance in the 690 sampling of Incheon Seo-gu, Seo-gu, Incheon.

At the time, the Defendant driven a motor vehicle under the influence of drinking, such as making a redlight belt on the front side, while making it difficult for the Defendant to drive the motor vehicle at a normal time due to the influence of drinking, and caused the victim C (the 32-year-old driver)'s back part of the victim C (the 32-year-old driver's license)'s driving which was in the front waiting at the front side of the said rupture, and caused the victim C to suffer from the injury such as salt and tension of the front rupture (the 5-year-old driver's license) of the victim E (the 5-year-old driver's license), which was in a temporary stop at the front of the rupture, due to the impact of the said rupture, and caused the victim C to suffer the injury, such as around 2 weeks of the rupture in need of treatment for the victim E-day driver's license and the injury of the rupture in need of treatment.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. The Defendant violated the Road Traffic Act (drinking) driven a Grand Car as described in paragraph (1), while under the influence of alcohol with approximately 0.127% alcohol concentration from a section of approximately 1.5 meters to the place indicated in paragraph (1), from a place where it is impossible to find out of the Seo-gu Incheon Incheon Cheongbu District, Seo-gu, Incheon around the day indicated in paragraph (1) to the place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and a survey report on actual condition;

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

1. Criminal facts;

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