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(영문) 인천지방법원 부천지원 2014.09.19 2014고단1596
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 00:50 on June 21, 2014, the Defendant driven a B-hurged vehicle with a blood alcohol concentration of about 0.206% in the section of about 3km from the road near the northwest-gu in Seocheon-si to the front road of the citizens' hall located in Seocheon-si, Seocheon-si to the front road of the citizens' hall located in Seocheon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On June 21, 2014, at around 00:50 on June 21, 2014, the Defendant driven the said car and proceeded at a speed of about 30 km per hour at a speed of about 30 km in the front side of the citizen center, which is located in 354 in the front side of the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu.

At that time, the Defendant was behind the DCA 110 Oba, which the victim C (year 36) driving one lane in the same direction, and thus, the Defendant had a duty of care to live well, maintain the safety distance, safely operate the steering and brakes, and operate the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to operate the steering gear at the front of a passenger car that the Defendant drives by negligence and failed to operate the steering gear safely.

As a result, the Defendant suffered the victim’s slick salt, inspection, etc. on the left side of the 10-day medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and vehicle photograph;

1. A medical certificate;

1. Notification of the control results of drinking driving, and the application of Acts and subordinate statutes of the report on drinking drivers;

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

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