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(영문) 인천지방법원 2016.04.07 2016고단254
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM7 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On January 8, 2016, around 01:35, the Defendant driven the said car in a state where normal driving is difficult, such as under the influence of alcohol concentration of 0.106% due to the influence of alcohol in the blood, and walking along it, and driven the car at an irregular speed in the direction of the sublim, from the direction of the sublime.

In such a case, a person engaged in driving of a motor vehicle must not drive a motor vehicle under the influence of alcohol while normal driving is difficult, and even if it is inevitable to drive a motor vehicle, he/she has a duty of care to safely drive the motor vehicle by checking well the left and right of the front.

Nevertheless, the Defendant neglected this and negligently driven while driving a vehicle while under the influence of alcohol and caused injury to the victim C and E, by driving the vehicle in front of the vehicle driven by the Defendant in front of the victim E (56 years old) who stops on the front side of the vehicle driven by the Defendant while driving the vehicle in front of the vehicle driven by the victim E (56 years old) who stops on the front side of the vehicle driven by the Defendant, due to the negligence of driving the vehicle in the direction of the south-gu Office, by driving the vehicle in front of the vehicle, by taking up the back part of the vehicle driven by the victim E (56 years old) who stops on the front side of the vehicle driven by the Defendant, and by taking up the back part of the vehicle driven by the victim C and E for about two weeks medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On the date and time of the above paragraph 1, Defendant 1 driven the said SM7 vehicle under the influence of alcohol content of 0.106% in blood, and driven approximately KRW 1.5 km from the front of the Dowon Station located in the middle-gu Incheon, Jung-gu, Incheon to the place of paragraph 1.

Summary of Evidence

1. The defendant's person;

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