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(영문) 인천지방법원 부천지원 2013.10.16 2013고단2221
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 wing and cargo vehicle B.

At around 21:20 on May 27, 2013, the Defendant was under the influence of alcohol of 0.186% in blood alcohol on the three-lane road in Seocheon-gu, Seocheon-gu, Seocheon-gu, Mancheon-gu, 203, the 203-lane, the Defendant changed the lane from the Seoul to the three-lane while driving the wing and cargo with two-lanes from the Seoul side.

In such cases, a person engaged in driving service of a motor vehicle is likely to impede normal traffic of other motor vehicles running in the direction to change the course, and has a duty of care to prevent accidents by safely changing the course while considering the traffic situation.

Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol as above and changed the course to three lanes as it is, due to negligence, while neglecting the front and left-hand speed while driving normally, and received the front part of the left-hand part of the victim C(58 years old) driving of the victim C(58 years old) driving along the three-lane.

The Defendant suffered injury to the victim C and the victim E (the 50-year-old) who is the driver of the said taxi due to the shock of the foregoing accident, including crypitiss that require treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement A and E;

1. The actual condition of traffic accidents, and the report on the actual condition of the driving driver;

1. Application of Acts and subordinate statutes, such as field photographs, each written diagnosis (C, E, and written estimate (D);

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 (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving

1. Selection of each sentence of imprisonment;

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