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(영문) 인천지방법원 2016.08.24 2016고단3483
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a marina car.

On May 29, 2016, the Defendant driven the said car under the influence of alcohol content of 0.148% in blood around 17:30 on May 29, 2016, and proceeded with four lanes in front of the water elementary school located in the Southern-gu Incheon Metropolitan City as a white-ro in the Southern-gu.

At the time, the Defendant, while driving the said car under the influence of drinking, such as making a redlight belt on the inside of the inside, was faced with the injury of the victim C(36 years old) who temporarily stops at the front of the signal signal at the front part of the said string car, and suffered about three weeks from the back part of the said string car by taking the back part of the said string car.

After all, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a marina car listed in paragraph (1) in the state of alcohol alcohol level of about 0.148% from the 3km section from the Defendant’s house located in Nam-gu Incheon Metropolitan City, Nam-gu to the front road of the water elementary school located in the same Gu, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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