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(영문) 인천지방법원 부천지원 2015.04.22 2015고단227
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 B-to-car.

On January 7, 2015, at around 00:00, the Defendant driven the said car in a state that it is difficult to drive normally due to the influence of alcohol by 0.303% of blood alcohol level, and led to the driving of the said car in front of the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, to drive the road in front of the Sincheon-gu, Seoul Special Metropolitan City, from the scamb

At the time, there were nights and five-lanes of road traffic, and thus, the driver had a duty of care to safely drive the vehicle by making it possible for the driver to live well on the front side and the left side.

Nevertheless, the Defendant neglected this and found the E-Rad car driven by the victim D (at the age of 37) who is waiting for a signal at the front of the road, but failed to stop, thereby receiving the rear part of the victim's driver's vehicle as the front part of the Defendant's vehicle.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the police statement concerning D;

1. Entry into the actual traffic accident report, the report on the actual state of drinking, and the report on the control of drinking driving;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant Article 5-11 of the Act on the Punishment, etc. of Specific Crimes, the Selection of Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for a prison labor, respectively;

1. Aggravation of concurrent crimes among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishment of concurrent crimes as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving), which is heavier than the punishment, and the minimum sentence shall be limited to the punishment determined for the violation of the Road Traffic Act);

1. Agreement with the victim under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation.

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