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(영문) 인천지방법원 2016.08.25 2016고단2845

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2012, the Defendant issued a summary order of a fine of seven million won in the Incheon District Court due to a crime of violating the Road Traffic Act (drinking driving), and the same year.

7. 10. The same court issued a summary order of KRW 3 million for the same crime in the same court, and on September 19, 201, the same court issued a summary order of KRW 1 million for the same crime, and had been punished twice or more due to drinking, and is a person engaging in driving of Category B car.

1. On April 17, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said vehicle while under the influence of alcohol content of 0.162% in blood transfusion around 06:45, the Defendant driven the said vehicle and driven the four-lane road in front of the D gas station in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, along the four-lanes of speed from the opening distance of the Gu mountain distance.

At the time, the Defendant, while driving the said car under the influence of drinking, such as a string distance, while making it difficult for the Defendant to drive the car at a normal time due to the influence of drinking, suffered from the injury of the string in which the lower part of the victim E (the 47-year-old driver), who was in the front of the said car, was in the front part of the said car, and received from the victim E as the front part of the said car, for about three weeks of medical treatment, the Defendant suffered from the injury of the string in need of approximately three weeks of medical treatment, and the injury of the victim G (the 43-year-old driver), who was accompanied by the said car at the same time, in which the number of days of medical treatment cannot be known to the victim E (the 43-year-old driver).

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and caused the victims to injury.

2. The Defendant violated the Road Traffic Act (drinking) driven a Ra-type car listed in paragraph (1) while under the influence of alcohol with 0.162% at the time of the day specified in paragraph (1) and proceeded with approximately 2 km from the front side of the Hancheon-gu Seocheon-gu Seocheon-si to the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. E: 1.1.