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(영문) 인천지방법원 2013.09.12 2013고단3403
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

1. From 00:10 on June 14, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter referred to as the “Act on the Aggravated Punishment, etc. of Specific Crimes, etc.”), the Defendant was under the influence of alcohol 0.176% in front of Seocheon High School located in Seocheon-dong, Seocheon-gu, Incheon, Seo-gu, Incheon, and led the Defendant to proceed from the second line in the direction of

Since the place is where crosswalks are installed, the driver of the vehicle has a duty of care to properly operate the brakes by properly operating the brakes by properly examining the front side of the vehicle in which there is another vehicle under stop according to the new subparagraph.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, led the victim C(the age of 42) and the victim D(the age of 35) under the influence of alcohol to the front part of the car driven by the Defendant.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to influence of alcohol, resulting in injury to the victim C, such as sprinke, tension, etc. which requires approximately three weeks of medical treatment, and resulting in injury to the victim D, such as sprinke, which requires approximately two weeks of medical treatment, and at the same time, damaged the said typoid car owned by the victim E-motor vehicle to the extent of KRW 617,371.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Free License) at the time set forth in paragraph (1) of this Article, the Defendant driven B rocketing car while under the influence of alcohol with a blood alcohol concentration of 0.176% without obtaining a driving license from the Defendant’s house located in Seo-gu Incheon Metropolitan City to the accident set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written Statements 1.

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