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(영문) 인천지방법원 2014.10.02 2014고단5702
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The defendant is a person engaged in the business of driving the B rasing a motor vehicle with the rasty in violation of the Act on the Aggravated Punishment, etc.

On July 26, 2014, the Defendant, while under the influence of alcohol around 21:00, was at the speed of 50km from the west-gu Incheon, Seo-gu, Seo-gu to the right-hand left-hand turn from the west-gu, Seo-gu, Incheon.

At the time, the Defendant was driven by the victim C (Nam, 31 years of age) who was on the right-hand side from the Cheongra-do square in accordance with the signals due to the negligence of violating the signal by making a left-hand turn at the intersection where it is difficult to drive normally due to influence of drinking, and the front-hand part of the DSM7 car driven by the victim C (Seoul, 31 years of age) was driven by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the said victim, such as the trend of light and the climatic dump for about three weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said racul vehicle under the influence of alcohol by 0.20% of the blood alcohol concentration from approximately 1 km section from the front of the Seo-gu Incheon Seo-dong “Burdrg House” to the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the maximum term of the crimes against the death or injury caused by dangerous driving (the maximum term of the crimes against death or injury caused by dangerous driving)] shall be imposed.

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