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(영문) 인천지방법원 2013.03.28 2013고단495
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving of a leisure car B.

1. On January 4, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while under the influence of alcohol concentration of 0.206% on blood alcohol level, leading to the driving of the said car in front of the Yannam-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, and led to the driving of the said car along the two-lanes between the two-lanes of the two-lanes from the surface

At the time, there is an intersection where signal lights are installed at night, and there is a road ice, so in such a case, the driver of the motor vehicle had a duty of care to properly see the front and the right and the right and the right and the right and the right of the motor vehicle and to prevent the accident by accurately manipulating the steering and the brake system.

Nevertheless, the Defendant neglected to do so and found that the Defendant driven the said vehicle in a state where it is difficult to drive the vehicle normally, such as her walked, walked, snowed, boomed, her face, etc., while driving the said vehicle in the same direction, and tried to stop the said vehicle in the signal atmosphere by the victim C (57 years old) who was driving the said vehicle, and tried to stop the vehicle in the same direction. However, the part of the back part of the damaged vehicle was turned down on the road, and the Defendant was driven by the front part of the vehicle that the Defendant driven.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a crypitis which requires approximately two weeks medical treatment, to the victim.

2. Around 01:30 on January 4, 2013, the Defendant driven B wre vehicle under the influence of alcohol content of about 2 km from a section of approximately 0.206% of alcohol content from the front of the 511 tinnam-dong, Seo-gu, Incheon, Seo-gu to the roads in front of the 511 tinnam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the Police Statement regarding C 1.

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