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(영문) 인천지방법원 2014.10.30 2014고단730
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by obtaining a franchise.

At around 04:20 on November 9, 2013, the Defendant driven the said vehicle while under the influence of alcohol of 0.122% of blood alcohol concentration, and proceeded toward the direction from the gate to the breadth, depending on the two lanes in front of the gate-distance of 557, Bupyeong-gu, Incheon, in the direction of the west-gu, Incheon. However, at night, at night, the two lanes are divided by the center line of yellow-ray, and thus, the Defendant was obliged to pay attention to duties to prevent accidents in advance by passing along the center line.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding while disregarding the lane, was driven by the victim FF (the age of 62) who was stopped in accordance with the new subparagraph in the direction of the Defendant’s proceeding and the opposite direction, and was driven by the Defendant in front of the passenger car.

Ultimately, the Defendant suffered, by its occupational negligence, the injury of the body of the body of the victim H (the 49 years of age) who is the same passenger of the said taxi, such as the body of the body of the first lever lever lever lever, which requires approximately four weeks of medical treatment to the said F, and the injury of the body of the unknown lever lever hume, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Traffic accident report and investigation report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes [the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes against death or injury resulting from dangerous driving) are more severe.

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