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(영문) 인천지방법원 부천지원 2013.11.29 2013고단2979
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B observer car.

At around 02:40 on September 14, 2013, the Defendant stated the facts charged of blood alcohol content of 0.158% as 0.161%, but appears to be a clerical error.

The three-lane roads of the 157-4 Hacheon-gu, Hacheon-gu, Nowon-gu, in the state of alcohol were driven by the driver, and the two-lane roads of the 157-do were driven by the original IIC as one-lane from the long distance of driving.

In such a case, a person engaged in driving service has a duty of care to properly see the right and the right and the right and the right and the right and duty of care to prevent accidents in advance.

Nevertheless, in order to make a left-hand turn by negligence while under the influence of alcohol, the Defendant received the back right-hand part of the DK5 vehicle driving by the victim C(the age of 37) who was in the atmosphere of the signal at the same time, as the left-hand part of the front-hand part of the vehicle.

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

2. A violation of the Road Traffic Act ( sound driving) stated the facts charged in the charge of blood alcohol concentration of approximately 500 meters from a 0.158% portion to the roads preceding the 157-4 of the said 157, on the roads in front of the Hacheon-gu, Ocheon-si, Seoul, Seoul, the date and time-setting stated in paragraph (1) of the said Article, but it appears that the Defendant is a clerical error.

The car was driven under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on the actual condition of a traffic accident and an accident site photograph;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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