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(영문) 인천지방법원 2018.07.04 2018고단3345
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 a period of 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 a car at the horse at B.

On April 28, 2018, while under the influence of alcohol of 0.178% during blood, the Defendant driven the horse side car at around 0.178%, and driven the three-lane in front of the ASEAN stadium located in 547, as the name of the Seo-gu Incheon Metropolitan City, in the name of the Seo-gu Incheon Metropolitan City, the Defendant continued to drive the horse side car at approximately one lane and two lanes in the direction of the shooting distance in the ASEAN Staak Staak Staak in Incheon, and proceeded to approximately 50km in the speed of the city.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the front-time city and brakes in the front-round bank by negligence, which led to the collision of the part of the back-of-air vehicle driving by the victim C(54 ) who was driving in the front-round bank.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site map and actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a lecture or an order to provide community service under Article 62-2 of the Criminal Act is based on the following circumstances: Defendant’s age, sex, environment, motive, circumstances, means and methods of each of the instant crimes, and circumstances after committing the crime, etc., and the process of the instant records and trial.

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