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(영문) 인천지방법원 2016.08.17 2016고단3385
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a car in the B SP.

On May 2, 2014, the Defendant driven the said car while under the influence of alcohol 0.166% during blood transfusion around 23:40 on May 2, 2014, and led the Defendant to drive the said car along two-lanes in the vicinity of the shooting distance of the old citizen center in the south-gu Incheon Metropolitan City-ro 358.

At the time, the Defendant, while driving the above vehicle in a state where it is difficult for the Defendant to drive the vehicle normally due to influence of drinking such as a remote distance, was driven by the signal apparatus of the front-way vehicle at the time of red light, while driving the vehicle on the surface of the citizen center in the backside of the week, and the part of the front-way part of the victim C(A) driving of the passenger center in accordance with the new subparagraph (A) is placed on the right side of the vehicle of the above head-on 6 vehicle at the center of the citizen center at the surface of the city, and the victim C suffered injury, such as brain dust, which requires approximately two weeks medical treatment for the above head-on vehicle, and injury such as brain dust, etc. to the victim E (37 years old) who was on board the above A6 vehicle of the above A6 vehicle, which had no head-on-day medical treatment for about two weeks, and injury to the victim F(F) during two weeks in need of medical treatment and injury to the victim during two weeks.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle with a alcohol content of about 4km from the front of the head office in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the front of the shooting distance of the old citizen center located in 358, South-gu, Nam-gu, Incheon, for approximately 0.16% under the influence of alcohol content of paragraph (1) at around 0.16%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A statement of F;

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