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(영문) 인천지방법원 2013.10.31 2013고단4413
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 engaging in driving a rocketing car.

On July 8, 2013, at around 19:08, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.22% 0.2%, was unable to drive the said vehicle regularly due to the influence of alcohol, but the Defendant driven the said vehicle and moved the said vehicle to the intersection of the intersection of 144-1, South-gu, Incheon, Nam-gu to the intersection of the intersection of the liveran-do.

In such cases, the defendant engaged in the driving of motor vehicles has a duty of care to make a safe right-hand by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and neglected the operation of a steering gear and caused the failure of the steering gear to go through the Madern intersection from the boundary of the Madern Zone to the Madern-burging distance. The front part of the Da driving of the Da New-Wdon Motor Vehicle, which was temporarily stopped, was the front part of the said Madern-Wed Motor Vehicle.

The Defendant suffered from an injury to the victim, such as fluoral salt, which requires approximately three weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. The actual condition survey report and photographs;

1. Report on detection of a host driver;

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

1. The point of causing bodily injury to a dangerous driving of a specific crime: Articles 5-11 and 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment shall be aggravated within the scope of the total of the maximum term of two crimes specified in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, and the minimum term of the punishment shall be determined by the Road Traffic Act;

1. The fact that discretionary mitigation does not have any criminal record after having been sentenced to imprisonment without prison labor or heavier punishment under Articles 53 and 55(1)3 of the Criminal Act, or damage;

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