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(영문) 인천지방법원 부천지원 2015.04.03 2015고단387
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 one year 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 Grandroth.

On December 26, 2014, at around 18:50, the Defendant, while under the influence of alcohol, was unable to drive normally and at least 0.155% of alcohol level, drive the said passenger vehicle, and led to the left at a speed of about 20 km as soon as possible at a speed of about 20 km in time, from the upstream of the original district, the road that does not have an intersection near the intersection located in 270-5, the Orcheon-gu, Seoul Special Metropolitan City.

Since there are frequent traffic of pedestrians in an area where the commercial buildings are densely concentrated, there was a duty of care to drive a person engaged in driving of a motor vehicle by driving the motor vehicle, making it possible for the person engaged in driving the motor vehicle to drive the wheel, and safely manipulating the wheel and brake system.

Nevertheless, under the influence of alcohol, the defendant neglected to do so and failed to safely operate the steering gear and steering gear on the front side of the motor vehicle driven by the defendant and received the left side part of the victim C(48 years old) crossing the road from the right side of the driving direction to the left side of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand majority of the 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the occurrence and autopsy of the incident, a report on the results of the control of drinking driving, a report on the situation of drinking driving, and a traffic accident report;

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 concerning the crime and Article 5-11 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 point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest limit within the scope of the sum of the long-term punishments of two crimes] shall be set forth in the Road Traffic Act;

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