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(영문) 인천지방법원 부천지원 2014.10.02 2014고단1788
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 15, 2014, the Defendant drank 2 soldiers a week in the mutual influent drinking house located in the atomic-si, Seocheon-si, Seocheon-si, and was in difficult to drive normally due to the influence of alcohol because he did not have sufficient rest. However, around 23:30 on the same day, the Defendant driven the said vehicle while under the influence of alcohol 0.209% of alcohol concentration, and driven the said vehicle into the 121-day falpon road at the Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, and driven the said vehicle toward the falpian distance.

At the time, the defendant shall not drive a motor vehicle in a state where normal driving is difficult, and the defendant has a duty of care to prevent the occurrence of an accident by accurately operating the steering direction and operation system, but under the influence of alcohol, the victim C (54 years old) who was in order to close the door of the driver's seat of the motor vehicle from the right side of the defendant's vehicle driving direction was not found, and the victim was placed in the front side of the defendant's vehicle driving.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as a climatic and climatic salt, etc. which requires treatment for about 21 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, traffic accident occurrence report, site photograph of the accident, report on the primary launch of the accident, results inquiry, medical certificate, purchase of insurance certificate, insurance coverage certificate, and investigation report;

1. Articles 5-11 and 148-2 (2) 1 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Sentencing Article 62-2 of the Criminal Act.

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