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(영문) 인천지방법원 2015.11.12 2015고단5811

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol 0.234% on September 11, 2015, when the Defendant was under the influence of alcohol at around 0.234% on the alcohol level, and the Defendant was in the front part of the victim E (5 years old) who stopped in order to turn to the left at a speed of about 10km in the middle-gu Incheon Metropolitan City, while driving a Dri TraxG car at a speed of about 10km and driving the two lanes in front of the "Driter" in the middle-gu, Incheon, China.

The Defendant suffered respectively injuries, such as salt dynasium, etc. in need of medical treatment for two weeks, from the victim G (53 years old), victim H (49 years old), and victim I (53 years old) who was accompanied by the victim E and the damaged vehicle.

2. The defendant is a person who has been sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) at the Incheon District Court on October 30, 2006, and a person who has been sentenced to a fine of KRW 4 million for the same crime at the same court on December 23, 2009.

On September 5, 2015, the Defendant had been punished twice as a crime of violation of the Road Traffic Act, but without obtaining a driver’s license, operated BTXG car from a section of about 1km to the front of the “Driart” road located in the middle-gu Incheon Metropolitan City, which was under the influence of alcohol level of 0.234% of the blood alcohol level on September 12, 2015.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a holder of BTXG car, and the Defendant operated the said car without mandatory insurance at the same time as indicated in paragraph (2) above, and at the same place as indicated in paragraph (2) above, notwithstanding that it is not possible to operate the automobile on the road.

Summary of Evidence

1. The defendant;