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(영문) 인천지방법원 2013.08.22 2013고단2254
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

1. Around 05:48 on February 16, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving (hereinafter “Dangerous Driving”), while driving IYF Mysta in the state that it is difficult to drive a motor vehicle under the influence of alcohol concentration of 0.150% and that it is difficult to drive a motor vehicle with heavy snow, then driving IYF YFstastastast in the south East-gu, Incheon, south-gu along the intersection of the 197 large bank bamboo crossing from the south-gu, Nam-gu, Incheon, the Defendant was negligent in neglecting the duty of her faceing and making the left turn from the south-west in the opposite direction at one of the five-lanes of the opposite directions, thereby resulting in the victim’s failure to perform the duty of her faceing and to close down approximately 16 weeks string executives in the front part of the said string or the front part of other motor vehicles.

2. On February 16, 2013, the Defendant was driving an IYFIst vehicle under the influence of alcohol by 0.150% from the 3km section of approximately 3km from the 197 South Dong-dong, Incheon, Namdong-dong, Namdong-dong, Seoul, to the other south-dong, Nam-dong, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, and photographs;

1. A report on detection of a host driver, a circumstantial statement, and a criminal investigation report (defensive application);

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

1. The point of causing bodily injury to a dangerous driving of a crime concerned: Article 5-11 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;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment for concurrent crimes shall be aggravated within the scope of the total term of the punishment stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest sentence shall be applicable to the lower limit stipulated in the Road Traffic Act for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of which punishment is heavier)

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