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(영문) 인천지방법원 부천지원 2016.11.17 2016고단2098
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving C cuss.

On August 15, 2016, at around 14:15, the Defendant, while under the influence of alcohol of 0.126% of the blood alcohol concentration, continued to drive a three-lane road in front of the E-cafeteria in Kimpo-si D along the long-term Dong room from both villages to the long-term Dong room.

There is an intersection where a signal, etc. is installed, and in such cases, there was a duty of care to check whether a person engaged in driving a motor vehicle has a motor vehicle traveling along the intersection, and to prevent accidents in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, even though the Defendant was negligent in driving a motor vehicle while under the influence of alcohol and caused a stop signal due to the negligence of driving a motor vehicle in which normal driving is difficult, the Defendant proceeded as it is in violation of the signal, and the victim F(53 years old) who was driving at the right side of the defendant's driving direction and proceeded with the front part of the front part of the motor vehicle in front of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light oil and urine salt, which requires approximately three weeks of treatment due to occupational negligence as above.

2. Around 14:15 on August 15, 2016, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.126%, the Defendant driven a C Ecoo vehicle from the front of the farm house located in Kimpo-si, Kimpo-si, 245, to the front of the Ecoo vehicle located in Kimpo-si, Kimpo-si, and the front of the Ecoo vehicle located in D.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A survey report on actual condition, report on the occurrence of a traffic accident, field map, circumstantial report on drinking drivers, notification of the results of the crackdown on drinking driving, and medical certificate;

1. Application of each statute on photographs;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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