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(영문) 인천지방법원 2015.06.25 2015고단2434
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Busan District Court's Vice-Support on February 19, 2005, as well as the defendant was issued a summary order of a fine of two million won for the violation of the Road Traffic Act at the Incheon District Court's Vice-Support.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B rocketing car;

On March 12, 2015, the Defendant driven the said car under the influence of alcohol of 0.202% of blood al. 20:50, and driven the said car at a speed of about 50km per hour at a speed of about 50km, depending on the two-lanes in front of the D convenience point located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon.

At the time of night, in such a case, there was a duty of care to prevent traffic accidents by accurately manipulating the front door and the right and the right and the right of the driver, and by accurately manipulating the operation and the steering gear of the vehicle.

Nevertheless, the Defendant did not discover the victim E(the 34-year-old driver) driving car that was stopped in front of the Defendant’s vehicle due to occupational negligence while under the influence of alcohol while neglecting it, but did not discover the victim E(the 34-year-old driver) driving, and received part of the back part of the damaged vehicle with the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the said victim to suffer bodily injury, such as climatic salt, which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driven a B rocketing car under the influence of alcohol content of 0.202% at the above time and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

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