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(영문) 인천지방법원 2016.03.30 2016고단131
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

The defendant is a person who drives a B knife car.

1. On December 30, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving the said car at around 22:00, and driving the road in front of the Seo-gu Incheon Metropolitan City on the 'SK oil refineries' side from the 'SK oil reservoir' to the 'sea water skin spris' side at about 50km in the speed.

In this case, the driver of the vehicle has a duty of care to properly operate the brakes by properly operating the brakes while looking at the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol content 0.160% by neglecting this, the Defendant received the part of the Defendant’s passenger car front part of the passenger car, following the E-cab driven by the victim D ( South, the age of 53) who stops in accordance with the new subparagraph, due to negligence in failure to properly operate the brake system under the influence of alcohol content 0.160%.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the string of the string wall that requires approximately 2 weeks of treatment to the said victim D, and the string wall that requires approximately 3 weeks of treatment to the victim F (V, 54 years of age), and the string wall that requires approximately 2 weeks of treatment to the bring passenger G (V, 47 years of age).

2. Around 22:00 on December 30, 2015, the Defendant driven a car with alcohol content of about 0.160% from the 15km section from the blood alcohol level to the 15km road in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu. Around December 22:0, the Defendant driven the car with alcohol level of about 0.160% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on the actual condition of traffic accidents, a report on the results of regulating drinking driving, and a statement of the circumstances of driving on drinking;

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 act of causing death or injury to a dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the act of drinking alcohol).

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