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(영문) 인천지방법원 부천지원 2015.12.28 2015고단3323
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 21, 2015, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.190% on November 21, 2015, the Defendant driven BM3 car at a section of about 3 km from the roads near the Seocheon-si, Seocheon-si, Seocheon-si, Nowon-si, to the road in front of the road.

2. 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 BM3 car;

On November 21, 2015, around 01:15, the Defendant driven the said SM3 car while under the influence of under the influence of alcohol of 0.190% in blood alcohol, the Defendant driven the said SM3 car in the direction of the printing intersection in the direction of the daily crossing direction.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and at the time, the defendant has a duty of care to make a right-hand turn and make a right-hand turn to the right-hand side of the road in advance.

Nevertheless, under the influence of alcohol, the defendant neglected it, and went on the right-hand side of the victim C(52 years of age) who was driving on the three-lane right-hand side, the right-hand side of the driver's vehicle, which was driven by the victim C(52 years of age).

After all, the Defendant, while driving at risk while under the influence of alcohol that is difficult to drive normally, sustained injury to the victim E (the 36-year-old age), such as salt, tensions, etc. in need of a medical treatment for about two weeks, and light clocks, tensions, etc. in need of a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes, such as photographs, booms images-faculing, blood alcohol appraisal reports, and medical certificates;

1. Relevant provisions concerning facts constituting an offense;

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