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(영문) 인천지방법원 부천지원 2014.03.27 2014고단256
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

On December 25, 2013, the Defendant: (a) while driving the said vehicle under the influence of alcohol by 0.227% on blood alcohol level around 03:10 on December 25, 2013; (b) while driving the said vehicle and driving the one-way route of 288-9 on the right side of the Ori-gu, Ori-gu, Ori-si, Ori-si, from the right side of the driving distance to the piracy apartment; (c) while under the influence of alcohol, the Defendant neglected to drive the ebbbri-si in the circumstances where the normal operation of the ebbri-si is impossible, and was parked on the right side of the moving direction due to occupational negligence that failed to properly operate the steering system and the brake system, the Defendant sustained the injury of the victim C (Seoul, 45 years old) and the victim E (In such case, 45 years old) who was boarding the said vehicle on the right side of the said AM5 vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, damaged vehicles and field photographs, reports on the detection of drinking drivers, actual survey records, medical certificates, reports on the request for appraisal, and reports on the detection of drinking drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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

1. Imprisonment with prison labor for choice of punishment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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