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(영문) 인천지방법원 부천지원 2016.03.11 2016고단344
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 B carrens combined vehicles.

On June 30, 2015, the Defendant driven the said passenger vehicle with alcohol level of 0.157% while under the influence of alcohol level without a driver’s license on June 23:53, 2015, while driving the said passenger vehicle, and driving the front-way road in Kimpo-si C along the two-lanes from the west side to the west side of grain. A person engaging in driving service is prohibited from driving in a state where normal driving is difficult due to influence of alcohol, while driving service is not able to drive in a state where normal driving is difficult due to the influence of alcohol, and has a duty of care to safely check the front side and the left side and prevent accidents.

Nevertheless, the Defendant, under the influence of drinking alcohol, was able to rhiffly drive the said raid vehicle in a state where normal driving is impossible, such as a stiffly distance, and the Defendant was a victim E (e.g., 52 years old) who was standing on the biff at the front of the said riff vehicle.

As a result, the Defendant suffered from the above E’s negligence in the course of business to the victim G (40 years) who was on board the said car, such as knee’s knee’s kne’s knee’s kne’s kne’s kne’s kne’s kne’s k

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, notification of the results of crackdown on drinking driving, details of crackdown on unauthorized driving, and inquiry into the results of regulating drinking driving;

1. Certificates of diagnosis and treatment;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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