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(영문) 인천지방법원 2013.12.19 2013고단6718
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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 driver's car.

On October 5, 2013, at around 03:30, the Defendant proceeded from the side of the inspection distance of the Marine Corps to the speed of about 20 km along the three-lanes of 635-1, Seo-gu Incheon, Seo-gu, Incheon.

At the time, the defendant was to make a U.S. internship to proceed with the opposite line, and since the place is where the median line is installed, there was a duty of care to make a U.S. intern at the permissible point of the U.S. driver.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(the age of 57) who is driving along the opposite one due to the negligence of the center line in a state where normal driving is difficult due to the influence of alcohol, and was driven by the victim C(the age of 57) in the front part of the right part of the said Hegel's vehicle.

As a result, the Defendant suffered from the Defendant’s occupational negligence that requires approximately three weeks of medical treatment.

2. Around 03:30 on October 5, 2013, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.123%, driven a car with the above gallon within about 40 meters from front of the gallon, Seo-gu Incheon, Seo-gu, Incheon to the above site.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

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

1. The point of causing bodily injury to a dangerous driving of a crime concerned: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be more severe than the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes.

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