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(영문) 인천지방법원 2016.07.14 2016고단2785
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B in salary and franchising trucks, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before danger).

On April 14, 2016, the Defendant driven the above cargo while under the influence of alcohol content 0.174% during blood transfusions, and led the Defendant to turn to the left at about 20km per hour from the surface of the air space located in the 394, Seo-gu, Seo-gu, Incheon Island to the left at the speed of about 20km from the surface of the air space located in the open air.

At the time, the Defendant, while driving the above cargo under the influence of drinking, such as putting the redlight on the inside of the inside of the inside of the string of the vehicle, was faced with the injury of the victim, such as the string and the pent part before the left side of the string of the string of the string of the string of the vehicle, who was bypassing the string of the string of the string of the vehicle, and suffered about two weeks of the string of the string of the string of the vehicle.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a wing-off truck with alcohol content of 0.174% during the influence of alcohol during the day-to-day alcohol specified in paragraph (1) and proceeded with approximately 2 km from the roads near Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, located in 307, to the places specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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