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(영문) 인천지방법원 2014.10.30 2014고단1018
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA car.

On October 8, 2013, the Defendant was under the influence of alcohol of 0.161% in blood alcohol concentration around 01:00, while driving the said vehicle at a speed of 0.161% in front of the 20-23 lane in Yeonsu-gu Incheon, Yeonsu-gu, and driving the vehicle at a speed of three-lanes between the six-lanes by the discharge of the National Maritime Police Agency in the direction of the two-lanes. In such a case, the Defendant was under the duty of care to take care of the traffic situation of the front bank and prevent traffic accidents by properly manipulating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant was negligent and negligent in driving in a situation where normal driving is difficult due to influence of drinking, and the Defendant was faced with the front part of the Fbenz car driven by the victim E (hereinafter, 42 years old) who stops in the same lane as signal in the same atmosphere.

Ultimately, the Defendant’s negligence on the part of the Defendant caused injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Legal statement of witness E, G and H;

1. E prosecutorial statement;

1. Each police statement to E, I, and J;

1. A traffic accident report, on-site map, actual condition survey report, and photographs related to accidents;

1. Photographss, each investigation report, internal investigation report, photographs of the vehicle under consideration, photographs of CCTV in real time, the statement of telephone conversations, and each investigation report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of drinking);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is more severe.

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