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(영문) 인천지방법원 부천지원 2014.11.24 2014고단2613
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving BM5 motor vehicles;

On September 2, 2014, at around 21:15, the Defendant driven the said car under the influence of alcohol concentration of 0.198% in blood, and continued to drive the said car in front of the reader located in Kimpo-si, Kimpo-si, with a shooting distance range from the military unit to about 50 km away from the entrance of the original frame at the entrance of the military unit.

At night, the Defendant was at night, and the Defendant was behind the D Poter drive by the victim C (the age of 56) prior to the same direction. As such, the Defendant had a duty of care to thoroughly keep the front-time speed and secure a safe distance to avoid when the said cargo stops.

Nevertheless, the Defendant neglected to drive normally due to such influence of alcohol as above and neglected to keep the safety distance from the front vehicle while neglecting the front vehicle and not maintaining the safety distance from the front vehicle. By negligence, the lower part of the cargo vehicle driven by the said victim was taken into account as the front part of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as pain pains, which requires approximately 10 days of medical treatment, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (MM5 vehicle) from the road front of the community service center located in Kimpo-si, Kimpo-si, Kimpo-si, as set forth in paragraph (1), to the original road located in the same city, the Defendant driven a BM5 vehicle while under the influence of alcohol concentration of about 400 meters at approximately 0.198%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report, the occurrence report and the circumstantial report;

1. A report on detection;

1. On-site photographs;

1. Application of Acts and subordinate statutes for medical treatment;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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