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(영문) 인천지방법원 2015.11.23 2015고단6164
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 ASEAN car.

At around 23:55 on August 18, 2015, the Defendant driven the said car while under the influence of alcohol with 0.115% of blood alcohol concentration, and runs along the same two-lanes from the side of the Bupyeong-gu Incheon Metropolitan City Mannsan-dong tunnel to the side of the Mannsansan-dong, Mannsan-dong.

An illegal internship and a two-lane led to the parallel of approximately 100 km each hour according to two lanes.

In this case, the defendant engaged in driving of a motor vehicle is not a U-turn area at the time, and there was a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, as seen above, the Defendant was negligent in driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant was driven by the victim C(the age of 47) driving along two lanes from the side of the Bupyeong, which is the same direction as that of drinking, in front of the left side of the Defendant’s motor vehicle, and was driven by the victim C(the age of 47) driving along two lanes.

Ultimately, as seen above, the Defendant suffered injury to the victim C, such as a backhill and a brush in the front section of 12 weeks of treatment for the victim C due to occupational negligence, and injury to the victim E (the aged 50) who was accompanied by the said Accuss car, including approximately eight weeks of treatment for the said Accuss car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of each written diagnosis (C), each written diagnosis (E), and statutes;

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

1. The Commercial Concurrent Crimes Act.

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