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(영문) 인천지방법원 2013.10.24 2013고단4341
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 engaging in driving a rocketing car.

On May 28, 2013, at around 17:35, the Defendant driven the said car with a blood alcohol concentration of 0.32% which is difficult to drive normally due to the influence of alcohol, and tried to park it on the side road while driving the said car on the front road of 180-3, Nam-gu, Incheon, Nam-gu, Nam-gu, Incheon, with a one-way-passing road from the 1st-way-passing surface.

In this case, the defendant engaged in the driving of motor vehicles has a duty of care to safely park by checking well the front side.

Nevertheless, the Defendant neglected to do so due to the influence of drinking, and did not find the victim C who parked and walked a car prior to the Defendant, and received the victim’s bridge part in front of the said rocketing car.

The Defendant, by these occupational negligence, suffered injury to the victim, such as knee knee knee, who requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on the circumstantial statements and report on the detection of such statements;

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

1. The point of causing bodily injury to a dangerous driving under the relevant criminal facts: Article 5-11 (Selection of Imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Aggravation of concurrent crimes among concurrent crimes: Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes within the scope of the total of the long term of two crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the penalty, and the minimum sentence shall depend

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Jan. 1, 2009) (see, e.g., Supreme Court Decision 2009Da14489, Jan. 2

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