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(영문) 인천지방법원 2016.03.30 2016고단249
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving a car with Bone Starex in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On November 8, 2015, under the influence of alcohol content 0.142% during blood transfusion, the Defendant driven the above feling vehicle while driving at around 18:30% of the above 0.142%, and subsequently, the Defendant proceeded with the mathroth in the front of the DNA telecom in Geumcheon-gu, Geumcheon-gu.

At the same time, there is a side-road without a vehicle line, where pedestrians are frequent, so in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a pedestrian who is going through well by checking the right and the right and the right of the motor vehicle and to prevent the traffic accident by driving the motor vehicle.

Nevertheless, the Defendant was unable to discover the victim E (the age of 44) at the front of the Defendant’s car due to negligence in the course of his duties while under the influence of alcohol while neglecting it, and due to the failure to discover the victim E (the age of 44), thereby becoming the victim in front of the Defendant’s car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused the said E to suffer injury, such as an injury to the blood transfusion, by blocking the credit prop which requires approximately four weeks medical treatment.

2. The Defendant on the violation of the Road Traffic Act (drinking) driven B Lone Star Co., Ltd under the influence of alcohol concentration of 0.142% in blood at the above time and at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

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) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act, the selection of imprisonment for each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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