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(영문) 인천지방법원 2015.04.16 2015고단113
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DB200) was a person engaged in driving a motor vehicle at DB20 bents, and there was a duty of care to drive the motor vehicle safely by accurately operating the steering direction and operating the steering gear in the direction of the passage of the motor vehicle in the middle-gu Incheon Metropolitan City, the passage of the motor vehicle under the circumstances where it is difficult to drive the motor vehicle normally to the extent that the walk is under the influence of alcohol, such as the drinking of a galle and the drinking of a smallpos, etc. on December 21, 2014.

Nevertheless, under the influence of alcohol, the Defendant sustained by negligence the injury of the victim E (the 50-year old-old) who was living in the central line, resulting in the victim E (the 51-year-old-old-old-old-old-old-old-old-old-in-fact-in-fact-in-fact-on-hand side of the said car, for about two weeks of treatment; for the victim G (the 51-year-old-in-car) who was living in the said van, for about three weeks of treatment; for the same victim H (the 49-year-old-old-in-law-old-in-law-old-in-law-old-in-law-old-in-law side side of the said car; for about two weeks of treatment; for about two weeks of medical treatment; for about two weeks of the injury of the 54-year-old-in-child-in-car-in-law-old-in-law side of the said victim (the 54-year-old-in-old).

2. On December 21, 2014, at around 18:49, the Defendant refused to take a drinking test, on the grounds that there are reasonable grounds to recognize that he/she was driven while under the influence of alcohol, such as drinking, smelling, drinking, reding, etc. from the border K of the Incheon Central Police Station affiliated with the Incheon Central Police Station, in an emergency room of the International Escopic Hospital located in Incheon, and thus, he/she was requested to take a drinking test three times from the above date to 19:20 on the face, without justifiable grounds.

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