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(영문) 인천지방법원 2016.08.10 2016고단1363
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a set of motor vehicle B.

On February 6, 2016, the Defendant, while under the influence of alcohol content of 0.152% in blood around 06:05, was driving three-lanes on the surface of the office distance in the south-gu Incheon Metropolitan City, Nam-gu, the small distance of old-gu, which is located in the city of Nam-gu.

The Defendant was unable to accurately drive the said car under the influence of drinking, such as a string distance, which is a remote distance, and the driving of the said car is difficult due to the influence of drinking, and the Defendant was faced with the injury of the victim C(60)'s column D's left side part of the vehicle's left side of the vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's driver at the center of the central line and the opposite side of the vehicle's vehicle's vehicle's vehicle's driver.

After all, the Defendant was driving a motor vehicle in a situation 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) driving a bit car as stated in paragraph (1) in the state of alcohol alcohol alcohol concentration of approximately 0.152% from the 3km section from the front of the apartment complex to the front road of the veterans center located in the Nam-gu, Incheon Metropolitan City, Nam-gu, Seoul Metropolitan City, the city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition, a report on the scene of an accident and photographs of the accident vehicle, and a report on the detection of the driver involved;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act, the selection of imprisonment for each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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