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(영문) 인천지방법원 부천지원 2015.01.27 2014고단3230
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a low-speed car B.

On October 30, 2014, at around 21:34, the Defendant driven the said car with a view to driving normally at least 0.177% of alcohol level, and driven the two-lane road in front of 794, which is located in the section of the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, the Defendant driven the said car at a non-speed speed depending on one-lane from the surface of the erog, the middle school, the shooting distance.

At that time, at night, there are apartment buildings and commercial buildings on both sides of the road, and the direction of the defendant's running is likely to cross-road without permission due to bus stops, so the driver of the motor vehicle has a duty of care to reduce the speed and properly operate the steering and steering gear, to prevent accidents by accurately operating the steering and operating the steering system.

Nevertheless, when the defendant neglected the alcohol and proceeded without permission due to the negligence of the defendant's driving, the defendant found the victim C (in this case, 63 years of age) who was crossed the motor vehicle without permission from the right side of the defendant's driving direction and took an urgent action, but he received the left side part of the above victim's driving motor vehicle.

As a result, the Defendant suffered injury to the above victim by occupational negligence during approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to report on the occurrence of a traffic accident, a report on actual condition, a traffic accident investigation report, a photograph of a traffic accident, a black image, a report on the results of the control of drinking driving, a report on the situation of drinking driving, a report on the status of drinking driving, and

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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