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(영문) 인천지방법원 2016.07.20 2016고단2647
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 passenger car between Les.

On April 8, 2016, the Defendant driven the said car with alcohol content of 0.168% in blood around 14:40, while under the influence of alcohol, and led the Defendant to drive the said car at a speed of 0.168%, and drive a three-lane road at a point of 28km in Young-dong Highway 123 as in the Seocho-si Seoul Metropolitan City, Jin-si, Seoul, at a speed of about 60km along one lane.

At the same time, the Defendant: (a) was able to drive the said vehicle under the influence of drinking, such as fluening the redlight belt on the inside of the inside of the string, while driving the said vehicle at a normal time due to the influence of drinking; (b) was driven by the victim D (SM (SM 47 years old); (c) was in the front part of the said vehicle; (d) was placed in the front part of the said vehicle; and (e) was inflicted on the victim D with approximately two weeks of light flusium in need of treatment; and (e) at the same time the victim F (M 47 years old), who was boarding the said vehicle, suffered from the injury of light flusium in need of treatment for about two weeks.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle between Les as described in paragraph 1 in the state of alcohol alcohol concentration of 0.168% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The circumstantial report of a driver driving a driving driving, notification of the results of crackdown on drinking driving, and investigation report (the application of the aforementioned dmark formula);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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