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(영문) 인천지방법원 2013.11.28 2013고단6045
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in the duty of driving a low-priced vehicle B.

On September 21, 2013, at around 201:25, the Defendant driven the above passenger vehicles with no mandatory insurance with a blood alcohol concentration of 0.210%, while under the influence of alcohol, and continued the four-lanes in front of Samsung Digital Fran, which are located in the 1457 South-gu, Nam-gu, Incheon, Nam-gu, Incheon, along the two-lanes of the passenger distance.

At night, the Defendant was at night, and the Defendant was followed by the rocketing taxi driven by the victim C(49 years old). In such a case, there was a duty of care to secure a safety distance as a person engaged in driving service and drive safely by checking well the front left.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of drinking, which led to the Defendant’s negligence in the course of duty and led to the Defendant’s failure to drive normally.

As a result, the Defendant suffered from the victim E (the 46-year old-age), who was on board the said taxi, with approximately two weeks of injury to chere chere chere chere chere chere chere chere chere chere chere chere chere that requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on initial action at the scene of a traffic accident, and a survey report on actual condition;

1. Statement of the circumstances and report on the detection of such a driver;

1. Mandatory insurance policies;

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

1. The fact that a person is injured by dangerous driving under the applicable Act on the Aggravated Punishment, etc. of Specific Crimes: The fact that a person drives a motor vehicle without mandatory insurance under Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act: Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 ( space between Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of penalty:

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