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(영문) 인천지방법원 2016.09.08 2016고단3754
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a passenger vehicle B with low risk driving, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 5, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.213% 0.2% around May 16, 2016, and led to a two-lane road in front of a light name 12 apartment commercial building located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, to proceed with a two-lane road in front of a light name 12 apartment commercial building, located in Bupyeong-gu, Incheon, Seocheon-gu, Incheon, with a single speed of 10km in Si/Gun/Gu according to the same agricultural product market room.

The Defendant, while driving the said car in a situation where it is difficult to drive the car normally due to influence of drinking, such as a string distance, while driving the car at a time in the front direction, received the back part of the victim C(K) 9 car driving in the front direction of the vehicle with the signal at the front direction of the said vehicle, and sustained injury to the victim C and the victim E (20 years old) who was on the front direction of the said K9 car, by taking the back part of the victim C(K) driving the vehicle at a time in the front direction of the vehicle with the signal at the front direction of the said vehicle.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. The Defendant violated the Road Traffic Act (driving) driven a vehicle with the highest alcohol level specified in paragraph (1) while under the influence of alcohol by 0.213% at the time and time specified in paragraph (1) and proceeded with approximately 3 km section from Cheongcheon-dong, Incheon Bupyeong-gu to the place specified in paragraphs (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Each report on detection of a host driver;

1. A written appraisal of blood alcohol;

1. The actual condition survey report;

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) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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