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(영문) 인천지방법원 부천지원 2013.11.27 2013고단2693
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 B-to-pur XD car.

On August 14, 2013, at around 23:16, the Defendant driven the said car while under the influence of alcohol of 0.247% of alcohol concentration, and led to the driving of the said car along the two-lanes along the driving distance from the original ICT to the original service distance.

Since there is a lot of traffic of vehicles, in such a case, the driver of the vehicle has a duty of care to operate the brakes by properly operating the brakes while keeping the front door well for those engaged in driving the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so and failed to properly operate the operation system as above, and due to the negligence that the Defendant, at the same lane, was driven by the victim C(IS, 50 years old) waiting in the same lane, and was driven by the victim C(W) of the same lane.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered bodily injury such as a string of a part having the right-hand side which requires two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report, an employer-employed driver's license report, and an inquiry requests for appraisal;

1. Application of Acts and subordinate statutes to diagnostic certificates, damaged vehicles, and photographs of harming vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes) shall be concurrent crimes with the punishment stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving which is heavier than the punishment]: Provided, That the lowest limit shall be set for the violation of the Road

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