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(영문) 인천지방법원 2015.10.07 2015고단3986
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2015, while under the influence of alcohol content 0.242% on blood alcohol level, the Defendant driven a Rati-car with B in the condition of alcohol level 0.242% on March 16, 2015, and proceeds from the strengthening of the road in front of the “D” located in Seo-gu Incheon Metropolitan City according to the roads in Seo-gu, Incheon Metropolitan City, to the ebbscoping side. As above, the Defendant suffered from the injury, such as the injury of the ebscoping part on the right side and the right side side side of the ebscoping trucking on the above road to enter the “E” due to occupational negligence that did not properly look at the ebscoping side while it is difficult to drive normally while driving the ebscopingly, and the victim H (the age 41) who was on the ebscoping seat of the said G cargo vehicle for approximately two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. A survey report on actual conditions, a report on requests for appraisal, and a report on actual drivers;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 running a sound driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] The basic area (in April to October) (in case of a special mitigation) of types 1 of general traffic accidents (in case of a person subject to special mitigation (in case of a person subject to special mitigation) / Where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (in case of a sentence of sentence): In case of a favorable normal circumstance: primary crime, general insurance subscription, the above special mitigation - the above special mitigation - the above special mitigation - the above special mitigation : a significant amount of drinking water is high, and the victims are not agreed with

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