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(영문) 인천지방법원 2013.10.21 2013고단5172
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On July 26, 2011, the Defendant issued a summary order of KRW 4 million to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 26, 201, and a fine of KRW 2.5 million to the same crime in the same court on September 10, 2010.

The Defendant is a person who is engaged in driving a X-M car.

As above, the Defendant was punished twice or more as a crime of violating the Road Traffic Act, and was driving the said car under the influence of alcohol concentration of 0.121% around July 31, 2013, and driving the said car in the direction of Songdooo Park Park at the site of the roof tunnel in Yeonsu-gu Incheon Metropolitan City.

However, under the influence of alcohol, the part of the front part of the said car was driven by the victim C (Nam, 84 years old) who was driving on the front part of the said car due to negligence while neglecting the front line while making it difficult to drive the car normally.

Due to its shock, the victim suffered injury, such as salt ties, tensions, etc., which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as criminal records;

1. The point of causing bodily injury to a dangerous driving of a crime concerned: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes within the scope of the term of punishment aggregating the maximum term of two crimes specified in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, pursuant to the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

1. The fact that discretionary mitigation does not have any criminal record after having been sentenced to imprisonment without prison labor or heavier punishment under Articles 53 and 55(1)3 of the Criminal Act, or damage;

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