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(영문) 인천지방법원 2016.09.01 2016고단3672
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 NAS car.

1. On May 8, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol content of 0.148% on blood on May 8, 2016, and driven the four-lane road in front of Incheon Southern-gu Incheon Metropolitan City, along the two-lane radius from the long-distance flood protection area to the long-distance distance of stone.

The Defendant, while driving the said vehicle under the influence of drinking such as a string distance, etc. while making it difficult for the Defendant to drive the said vehicle normally due to the influence of drinking such as a string distance, had the victim D (59 years old) who temporarily stopped on the left side of the said string taxi, and suffered injury, such as salt, tension, etc. of the string part of the light that requires approximately two weeks medical treatment to the victim for about two weeks before the right side of the said string taxi.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. A violation of the Road Traffic Act (unclaimed Measures) by the Defendant, as described in Paragraph 1, did not immediately stop and take necessary measures despite the Defendant’s damage to KRW 1,593,258 for the repair cost, such as the landing of the rocketing taxi by the victim during the accident, as described in Paragraph 1, at the time and time specified in Paragraph 1.

3. The Defendant, while under the influence of alcohol 0.148% at the time and time set forth in paragraph (1) of this Article, proceeded with a section of about 5 km from the place where it is impossible to know from the Jeju Jeju Jeju Island to the place set forth in paragraph (1) of this Article in a state of under the influence of alcohol 0.148%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual condition survey report;

1. Medical certificates and medical records;

1. Written estimate;

1. Maps and CCTV images;

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