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(영문) 인천지방법원 2014.11.12 2014고단6628
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 of Cinti vehicle volume.

1. On August 10, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said car at a speed that is difficult to know in the direction of the old mountain distance from the area of the Incheon Seo-gu Park Park, Incheon, while driving the said car at a speed that is difficult to drive normally due to the influence of alcohol by 0.262% at the front of the “Gu Seosan Central Hospital” located in the 446-ro, Bupyeong-gu, Incheon.

At all times, since the damaged vehicle was a stop, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system, and to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was able to drive the victim D(21 years of age) who stops in the front bank due to negligence, following the military vehicle E in the front part of the Defendant vehicle.

As a result, the Defendant suffered, by negligence, the injury to the above victim, such as the pipe and human salt, tension, etc. of the part that requires approximately two weeks of medical treatment, and the victim F (23 years of age) who is the passenger of the damaged vehicle, and the victim G (21) suffered, respectively, the injury of the chills, tensions, etc. requiring approximately two weeks of medical treatment.

2. On August 10, 2014, at around 03:18, the Defendant driven the said vehicle while under the influence of alcohol content of 0.262% from the section of about 10km from the alcohol house located in the Jeju Jeju Jeju Jeju Jeju Gotdo to the front point of the Central Hospital located in the Bupyeong-gu U.S. 446.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Statement of F;

1. Report on the statement of the status of a drinking driver, a report on the actions taken against a drinking driver, a report on the actions taken against a drinking driver, and a report on acceptance;

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

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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