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(영문) 인천지방법원 부천지원 2014.07.17 2014고단1099
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car

On March 14, 2014, the Defendant was under the influence of 0.151% of blood alcohol concentration at around 23:00, while driving the said vehicle, and the Defendant was under the influence of bypassing it to the intersection at the entrance of the Kimpo-si Police Station located in the Kimpo-si, Kimpo-si. Since no signal, etc. is installed at that time, the Defendant, who is engaged in driving, once engaged in driving, tried to reduce the speed in advance, stop, check the safety at the front and right, check the safety at the right and right and the right and the right and the right and the right and the right and the right and the duty of care to operate the steering and the operation of the steering and the system safely, due to the influence of alcohol, has been negligent in driving the vehicle while it was difficult to drive the vehicle normally due to the influence of alcohol, conflict with the part on the right side of the victim C driver’s Drop vehicle, which was just the right side of the Defendant’

As a result, the Defendant inflicted an injury on the victim, such as fluoral salt, which requires approximately two weeks of treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) in a section of approximately 2 km from the day and time as described in the preceding paragraph, while under the influence of alcohol 0.151% of alcohol concentration, and from the street in front of a restaurant in the trade name in the long-term dong in Kimpo-si to the three-distance road in front of the entrance of Kimpo Police Station located in the same Dong, the Defendant driven the said B rocketing car.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Selection of Imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the crime;

1. Aggravation for concurrent crimes;

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