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(영문) 인천지방법원 2014.09.03 2014고단3390
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle in Category C.

On January 26, 2014, at around 22:31, the Defendant driven the above vehicle while under the influence of alcohol of 0.129% of blood alcohol concentration, and led to the speed of about 40 km in the speed of about 28 meters in the direction of the Sonpo Zone in the direction of the Sonpo Zone in the direction of the Sonpo Zone in the direction of the Sonpo Zone in the direction of the Sonpo Zone.

A person engaged in driving service has a duty of care not to drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, such as making it possible for the person engaged in driving service to live well on the front side and the right side, operating the steering gear and brake system accurately.

Nevertheless, the defendant neglected to proceed with the above road by negligence and continued to enter the glass wall of the restaurant operated by D located on the right side of the proceeding direction into the front part of the defendant's vehicle.

Ultimately, as seen above, the Defendant, by negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, suffered from the injury of the victim F (F) who is an employee of the said restaurant, such as dynaf for about three weeks, such as salt dynaf, tension, etc., the victim G (42 years of age), H (19 years of age), I (2 years of age, leisure), J (22 years of age, leisure), and J (22 years of age, and the injury of dynaf, etc., such as dynaf, which requires approximately two weeks of treatment to the victim K (24 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Written statements of G, H, J, I, and K;

1. Making a report on the control of drinking driving;

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, the Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime concerned and the choice of punishment for each specific crime;

1. The Commercial Concurrent Crimes Act.

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