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(영문) 인천지방법원 2014.01.15 2013고단6786
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in driving a CNoby car.

At around 05:15 on September 7, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.136%, and the Defendant was proceeding two lanes, one of five lanes ahead of the salt farm distance in the middle of Incheon Dong-gu, Incheon.

At the time, since the signal, etc. is installed, the person engaged in driving service has a duty of care to live well on the front door and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the victim D(60 years of age) who, by disregarding the signal and making a left-hand turn from the right-hand side to the right-hand turn at the right-hand side from the right-hand side of the opposite north port, due to the disregarding the signal in a red signal, was driven by the victim D(60 years of age).

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive normally, resulting in the Defendant’s strawing, etc. of a plekele that requires a medical treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following reason for sentencing) is that the defendant with the same criminal records causes a traffic accident in which the victim was injured while driving in violation of a signal while under the influence of alcohol.

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