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(영문) 인천지방법원 2014.12.10 2014고단7749
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

The defendant is a person who is engaged in driving a DPcar car.

On August 3, 2014, at around 06:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.152% of alcohol concentration, and opened the three-lane road in front of the Bupyeong-gu Recycling Center of Bupyeong-gu, Incheon, Bupyeong-gu, 175 (175), and proceeded with the driving of the victim E (60 years of age) driving, which was driven on the opposite lane, by the negligence of running the other median line in the middle line, with the driving of the victim E (60 years of age) driving, which was driven on the opposite lane, in the front right-hand part of the vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injury such as fluoral fluoral fluoral fluoral fluor, etc., to the victim G (V, 25 years old) who was on the said high-speed car, for about nine weeks of medical treatment, and suffered injury such as a right fluoral fluoral fluor, etc., which requires medical treatment for about ten weeks, to the victim H(23 years old) who was on the said fluoral fluoral car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A H statement;

1. Written appraisal of blood alcohol concentration, written report on the state of his/her driver, written report on the state of his/her driver, written report on the state of his/her driver, investigation report (applicable with the mark), and photographs of the scene of the accident

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) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Type I of general traffic accident, the range of which is recommended, shall be limited;

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