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(영문) 인천지방법원 2014.09.18 2014고단4939
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BP car.

1. On June 15, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said car at a speed of 90 to 100 kilometers per hour according to the speed of 90-100 kilometers per hour among the three-lane roads in the front of the Incheon Yeonsu-gu Education Park as the ground for the cause of the training-gu, and (Training-dong) in front of the school children’s park, in front of the Incheon Education Park, at the front of the new training-based basin, at a speed of 0 to 0 kilometers per hour among the three-lane roads.

Since there is a yellow solid line at the center of the road, the driver has a duty of care to not exceed the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the steering gear to the left-hand side and went beyond the central line by taking the drums and curbs set up at the center of the university of underground tea, losing balance due to its shock, leaving the vehicle into the left-hand side and going beyond the center.

The left-hand side part of the victim C(56 years old) driving, which was a direct driving along the three-lanes of the five-lanes in the adjacent letter, was received in front of the left-hand side of the said free-hand side of the said passenger car.

Ultimately, the Defendant suffered injury to the victim C et al. and 28 persons, such as the list of crimes in the attached Form, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at around 05:40 on the same day as indicated in the preceding paragraph, driving the said vehicle within a 2-meter radius from the street in front of 4-lane 9 (Training Dong) in Yeonsu-gu Incheon, Yeonsu-gu, to the above accident site around 06:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Reports on traffic accidents, photographs of skins, damaged vehicles, and photographs of the scene of the accident;

1. A report on detection of an employee and an employee;

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