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(영문) 인천지방법원 2014.06.26 2014고단2106
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a benz car.

On March 2, 2014, the Defendant driven the above vehicle at around 04:10, and proceeded with the five-lane road in front of the Central Supervisory Board in Gyeyang-gu Incheon Metropolitan City, which is located in the city of Gyeyang-gu, along with the one-lane road, from the mountain basin to the operational slope.

At the time, the Defendant was under the influence of alcohol concentration of 0.262% and it was difficult for him to see the Jeonju, and it was difficult for him to carry out the operation timing of steering steering and brakes or the adjustment of its force as the Defendant intended.

In addition, the defendant's driver's aforementioned benz driver's c (36 years of age) driver's d self-furged car was temporarily stopped in accordance with the traffic suspension signals, so the defendant engaged in driving of the motor vehicle had a duty of care to properly manipulate the traffic accident and prevent it by accurately operating the steering gear, steering and brake devices.

Nevertheless, the Defendant neglected this and took part of the back part of the benzed vehicle as the front part of the benz vehicle by negligence that led to the above benz vehicle.

As a result, the Defendant suffered injury to the victim, such as brain-dead, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a traffic accident report, a photograph (on-site roads and related vehicles);

1. Report on detection of the driver from the driver, report on the circumstances of the driver from the driver, and investigation report (investigation into the application of the Ba mark);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of each sentence of imprisonment;

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

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