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(영문) 인천지방법원 2019.03.28 2018고단9475
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 19:50 on December 18, 2018, the Defendant: (a) was a person engaging in driving of B low-speed car; (b) was driving along the four-lane road in front of Incheon Jung-gu, Incheon, with two-lanes from the flow distance to the Incheon port while under the influence of alcohol, while neglecting the front-time city in a situation where normal driving is difficult due to influence of alcohol; (c) entered the crosswalk in violation of the signal, and (d) the victim E (the age of 63) who walked the crosswalk along the pedestrian signal to the right side from the left side of the direction of the Defendant’s proceeding, being transferred from the front side of the vehicle to the F Hospital and had the victim receive medical treatment, resulting in the death of the b2:42 shocked blood amount on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Reports on the occurrence of traffic accidents and reports on traffic accidents;

1. Image photographs of witness vehicles;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., agreement with the bereaved family members of the victim, reflectivity of the defendant, and the fact that the defendant has no previous record of the same kind)

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Class 2] - Death of traffic accidents [Special Aggravationd Persons] - Aggravationd elements: In cases where illegality in the proviso of Article 3(2)(excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (in the area of recommendation and recommendation), the area of aggravation [the scope of recommendation and recommendation], 1 to 3 years [the general person] mitigation element:

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