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(영문) 인천지방법원 2012.08.23 2012고단5661
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 who is engaged in driving a B-Wood vehicle.

On April 9, 2012, the Defendant driven the said car while under the influence of alcohol of 0.177% with blood alcohol concentration around 10:00, and led to a two-lane road of 163 degrees in front of the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, to proceed at a speed of about 60km per hour on the side of the Seo-gu, Seo-gu, Incheon.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to ensure that drivers are thoroughly engaged in driving at all times and safely operating the car line.

Nevertheless, the Defendant neglected to drive a motor vehicle in such a state that it is difficult for the Defendant to drive the motor vehicle normally due to the influence of alcohol as above, and entered the opposite lane by the negligence of entering and leaving the opposite lane, and the part adjacent to the left side of the victim C(the age of 48) driving the motor vehicle of the victim C(the age of 48) driving, which was proceeding along the one lane on the side of the said motor vehicle, was turned into the front part of the motor vehicle in front of the said motor vehicle, and continued to proceed along three-lanes on the same side as the said motor vehicle in front of the said motor vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as a bend of L1 parts, which requires approximately 8 weeks of medical treatment, and injury to the victim G (the 41 years of age) who was accompanied by the said cargo from the right shoulderline, tensions, etc., which requires approximately 2 weeks of medical treatment; injury to the victim E, such as salt, tensions, etc. of the bones of a wooden bones, which requires approximately 3 weeks of medical treatment; injury to the victim H (the 45 years of age), and the victim I (the 46 years of age), who was accompanied by the victim I (the 46 years of age), for three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning I, H, E, and C;

1. Traffic accident actual condition survey report, accident detection report, and accident detection report; and

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