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(영문) 인천지방법원 2014.01.20 2013고단6716
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 ecoo vehicle.

On September 12, 2013, the Defendant without obtaining a driver's license at around 22:05 on September 12, 2013, and operated the above Ecoos car with the blood alcohol concentration of 0.129%, and was driving the above Ecoos car in the direction of the licensing test site at the south-gu, Incheon Metropolitan City.

At the time, there is an intersection where signal lights are installed at night and at the front of that place, so in such a case, there was a duty of care to reduce the speed to those engaged in driving business and to prevent accidents in advance by looking well at the other vehicles' attitudes in the signal lights and the front of the road.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to influence of drinking, and failed to discover a F 7 car driven by the injured party E (the aged 44) while stopping in the atmosphere of signal at the front bank, and continued to run without finding the said F 7 car, and received the back part of the said case (k7 car) with the front part of the said E 3 car.

Ultimately, the Defendant suffered injury to the victim, such as spawnitis that requires approximately three weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to the reports on entry of drivers and details of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act (The following sentencing grounds shall be considered in favor of the accused).

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