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(영문) 인천지방법원 2013.11.13 2013고단4080
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 11, 2013, the Defendant tried to drive a CM5 vehicle in the direction of light-wise in the direction of housing, while under the influence of alcohol concentration of 0.147% on the roads 560-4, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, Seo-gu.

At the time of the next side of the defendant's vehicle, there was a person who performs the installation work of a fish container at the time, so there was a duty of care to properly manipulate the automatic transmission machine to the person engaged in driving of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in a neutral (N) without being placed an automatic transmission engine, and due to the negligence of driving the vehicle in a neutral (N) while driving the vehicle behind the road, and was working behind the above SM5 vehicle, and received the part of the bridge between the victim D (33 years old) and the victim E (41 years old).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as a pelle between the closed pelle which requires approximately 12 weeks of medical treatment to the victim D, and a part of the feet which requires approximately 2 weeks of medical treatment to the victim E.

2. Around June 11, 2013, the Defendant was driving CM5 cars while under the influence of alcohol of about 0.147% of blood alcohol concentration at the section of approximately 8m of Taeil-dong, Seo-gu, Incheon, Seo-gu, 560-4.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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