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(영문) 인천지방법원 2013.04.25 2013고단951
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

The Defendant is a person who is engaged in driving of a vehicle B.

On January 12, 2013, the Defendant, while under the influence of alcohol with 0.224% of blood alcohol concentration around 19:25 on January 12, 2013, driven the said vehicle by driving the said one lane prior to the Seo-gu Incheon Western Labor 724-2 Mangymping, thereby driving the said vehicle at a speed of about 30 km toward the side of the East apartment in the front area.

At the time, the location is the right side where the central line is installed, so the defendant engaged in driving service has a duty of care to prevent accidents by driving the accident in a safe way, such as seeing the front side, complying with the bus line, etc.

Nevertheless, under the influence of alcohol, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive in a normal condition, was fluored by the center line and fluored by the victim C (the age of 37) into the left front part of the motor vehicle with the left front part of the motor vehicle that was driven by the victim C (the age of 37).

The Defendant, by these occupational negligence, sustained injury to the above victim C, such as chatitis, etc., which requires three weeks of medical treatment, injury to the victim E (the 35 years of age), who is the partner of the rocketing vehicle, caused the injury to the chatitis, etc. requiring two weeks of medical treatment, and injury to the same victim F (the 10 years of age) such as chatitis, etc. requiring two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on occurrence and a report on actual condition investigation;

1. A report on detection and a circumstantial statement;

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

1. Article applicable to criminal facts;

(a) The fact of injury caused by each dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Occupation of drinking: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act. Article 40 (Punishment prescribed for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims C with the largest punishment and punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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