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(영문) 인천지방법원 부천지원 2014.03.26 2014고단85
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. A person who is engaged in the business of driving Class B cargo vehicles in violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)

On November 15, 2010:01, the Defendant was under the influence of 0.123% of blood alcohol concentration on the two-lane road located in 222, Yacheon-si, Bupyeong-si, Seocheon-si, Seocheon-si, Seocheon-si, and the Defendant was stopped according to the stop signal while driving the said cargo on the Incheon Sea from the offside to the offside of the offshore, according to one lane.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the steering gear, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (year 29) who was under a stop in the front bank due to negligence of not operating the operation system properly while neglecting this, and was driven by the victim C(year 29).

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to the influence of drinking, resulting in the Defendant’s loss of light chills, tensions, etc. in need of treatment between about two weeks.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said cargo vehicle under the influence of alcohol by 0.123% in a section of about 300 meters of blood alcohol level from the Do in the front of the Ora-gu, Ocheon-si to the road of about 222 meters in front of the same premises at the time and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A medical certificate;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 141 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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