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(영문) 인천지방법원 2014.04.09 2014고단885
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. On December 23, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D&5 Vehicle) was driving a B B PP PP car under the influence of alcohol concentration of 0.130% on December 23, 2013, while driving a one-lane road in front of the entrance of the Incheon Land Landing Operations Memorial Center at the entrance of Yeonsu-gu Incheon Metropolitan City, which is located on the 9th Do human rights of Yeonsu-gu, from the front side of the port side of the port side, the Defendant was faced with the left side of the D&5 vehicle driven by the victim C, who was parked on the right side of the road, and continued to drive the remaining side of the said vehicle at a speed of 50 meters, and again received the part on the left side side of the FF C vehicle driven by the victim E, who was parked on the right side of the road.

At the time, the defendant is divided into drinking, the face is red, the body is not properly accumulated, and it was difficult to accurately perform the operation timing or degree of steering the steering direction, brakes, etc. by unscaming, as he/she intends.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking alcohol, and suffered injury, such as the c, the victim G, and the above E, which require approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (Non-accidents) provided that the Defendant, at the same time and place as in paragraph (1) above, caused the traffic accidents such as those mentioned in paragraph (1) above, the amount equivalent to KRW 5,907,976, such as replacement of the SSM5 vehicle after left-hand side, does not immediately stop and take necessary measures, even though the Defendant, at the same time and place, damages the sum of 983,913, such as replacement of a liver vehicle.

3. The Defendant, at the same time and place as Paragraph 1, driven the said car under the influence of alcohol by 0.130% of alcohol concentration in blood at the same time and place as Paragraph 1.

Summary of Evidence

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