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(영문) 인천지방법원 부천지원 2017.11.30 2017고단2397

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

[criminal history] The defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic law in the Busan District Court's Branch on November 23, 2009 and a fine of 2 million won for the same crime in the same court on October 18, 2012.

[Criminal facts]

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is engaged in driving a cruise car.

On September 17, 2017, the Defendant, around 13:50 on 17, 2017, had a two-lane road in front of the Jeju Jeju Jeju Jeju Jeju District District District District District of 0.181% alcohol concentration in blood, which is under the influence of alcohol in the influence of alcohol, proceeded along with one-lane in Seoul as the evaculation.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good living of the traffic situation on the front side, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to do so and neglected to operate the brakes in the state of rhyming and rhyming the face of the Defendant, caused the Defendant’s failure to properly operate the brakes in front of the signal signaled vehicle by taking the Defendant’s front part of the Defendant’s driver’s vehicle with the U.S. driver’s front driver’s vehicle, and caused the said U.S. driver’s vehicle to be driven by the said U.S. driver’s vehicle in front of the vehicle.

As a result, the Defendant suffered from the victim G (Woo, 60 years of age) who is a passenger of the said spawn car, about two weeks of treatment by negligence in the said occupational negligence when it is difficult for the Defendant to drive the car normally due to the influence of drinking.

2. On September 17, 2017, the Defendant violated the Road Traffic Act (driving of alcohol) shall be Incheon around 13:50.