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(영문) 인천지방법원 부천지원 2016.04.07 2016고단181
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 6, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) was unable to drive normally due to the influence of alcohol content of 0.216% of the blood from around 16:16: (a) while driving a NAS car, which is difficult due to the difficulty of driving normally; (b) while driving the NAS car on the five-lane road in the middle of the YY in the middle of the Incheon City in accordance with four-lane, the Defendant neglected the front city in the front city of the NAS car; and (c) due to the negligence of neglecting the front city in the front city of the NAS car, the E page driven by the victim D (52 years) waiting at the front end of the NAS car and caused the victim D to suffer injury such as 4 weeks in need of treatment, such as the number of days of injury caused by the victim, and the number of days of injury caused by the victim to the 5-day Do.

2. In order to clarify the facts charged for the violation of the Road Traffic Act (driving), it was stated separately from the facts charged as stated in paragraph 1 to the extent that the identity is recognized.

At the same time as described in paragraph 1 above, Defendant 1 driven a car in the above Spath in the state of alcohol concentration of approximately 0.216% from a 150-meter section of blood alcohol to the same gral road in the two grrithal road located in Kimpo-si, Gopo-si, Gopo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Each written diagnosis (List 13,14);

1. Application of statutes on site photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, and Articles 148-2 and 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Joint Crimes of No. 1 of the Decision);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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