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(영문) 인천지방법원 부천지원 2014.07.24 2014고단1353
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

1. On May 9, 2014, the Defendant, at around 22:20 on May 22, 2014, driven a B e-sports cargo vehicle under the influence of alcohol content of 0.169% from the day before the day when the name influence was removed to the day before the Kimpo-si, the name influence at Kimpo-si, Kimpo-si to the front road of the Hanpo apartment located in the Hanpo-si, Gopo-si, Gopo-si, Gopo-si.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) committed on May 9, 2014, the Defendant, at around 22:30, 2014, driven a 40km speed between the two lanes in the direction of Seoul on the side of strengthening, while under the influence of alcohol of 0.169% of the blood alcohol concentration, as described in the foregoing paragraph (1).

In such cases, the driver of a motor vehicle has a duty of care to properly operate the brakes by properly manipulating the brakes while properly examining the front door.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant received the back portion of the victim C (the 28 years old, female) and the victim D (the 29 years old, female) who were in the atmosphere of the signal.

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as catitis which requires treatment for about two weeks, and injury to the victim D, such as catitis which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes, such as a traffic accident actual condition survey report, traffic accident occurrence report, field photograph, report on detection of a host driver, circumstantial report on a host driver, and medical certificate;

1. As to the punishment, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the aggravated punishment, etc. for the specific crime.

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