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(영문) 인천지방법원 2016.08.11 2016고단3350
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle with B-to-purd motor vehicle.

On April 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.172% during blood transfusion around 02:08, and continued to drive the same four-lane road in the south-gu Incheon Metropolitan City, Nam-gu, Seoul, with three-lane long-distance flooding pages of the old citizen hall, at the speed of about 40km.

At the time, the Defendant, while driving the said vehicle under the influence of drinking, such as a string distance, while temporarily stopping at the front of the vehicle at the front time, was taking the back part of the victim D(59) drive, which was in the front of the said vehicle, while driving the said vehicle in a difficult condition to drive normally due to the influence of drinking, such as a string distance, and suffered injury, such as the dynas, boness, tensions, etc. in need of approximately two weeks of treatment for the said vehicle.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant in violation of the Road Traffic Act (drinking driving) driven a hurburged car as set forth in paragraph 1 in the state of alcohol alcohol concentration of 0.172% in blood at the time and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written appraisal of alcohol concentration in the blood;

1. Application of Acts and subordinate statutes (pathos No. 32 of investigation records);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of causing danger driving, the choice of imprisonment without prison labor), and Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act (the occupation of driving and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes);

1. Article 62(1) of the Criminal Act (the following sentence grounds are favorable.

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