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(영문) 인천지방법원 부천지원 2015.07.06 2015고단1378
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. Around 04:30 on June 4, 2015, the Defendant driven a DNA 5 car under the influence of alcohol content of about 100 meters from a section of approximately 100 meters to the front of the cat in Kimpo-si, SU5, which is located in Kimpo-si, Kimpo-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol 0.160% of the blood alcohol concentration at the above temporary border, and the Defendant driven the said EM5 car and driven the two-lane road in front of the Cmaart in Kimpo-si B at a speed that would not be known by one lane at the right side of Kimpo-si.

Inasmuch as a cab belonging to the F Triwon Transportation Co., Ltd., the victim E (54 years old) driven at the bed on the bed bank, the driver of the vehicle had a duty of care to reduce speed and to secure a sufficient distance for those engaged in driving, and to prevent the accident by safely driving by properly examining the right and the right of the front and the right of the vehicle.

Nevertheless, the defendant is under the influence of alcohol while neglecting it.

The taxi for the above business purpose was stopped due to the front lane and was found to not immediately avoid the stop, and was able to receive the back spread of the above business purpose taxi in the front part of the above IM5 car.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered a fluoral salt farm which requires approximately two weeks of medical treatment to the victim E, and received approximately two weeks of medical treatment to the victim G (V, 18 years of age) who is the passenger of the said taxi for business purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as on-site photographs, on-site reports on drivers, and written diagnosis (G and E);

1. Articles 5-11 and 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Criminal Act concerning the crime.

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