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(영문) 인천지방법원 2016.11.03 2015고단5862

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

The defendant is a person who is engaged in driving a C EcooS car.

1. On August 13, 2015, the Defendant operated the said car under the influence of alcohol level of 0.215% around August 23, 2015, and proceeded with a section of approximately 500 meters of the public relation distance of 380 meters from the 365-1 Do, Seo-gu, Incheon, Seo-gu Jeju Island.

2. On August 13, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) and on August 23:23, 2015, the Defendant straighted the above public road distance at a speed of about 40km per hour from three lanes in the direction of the Incheon Western-gu Office to the

At night, the above location was at night, and the passage of other vehicles is very frequent to cross-road crossing each other, as well as the passage of other vehicles is controlled by signal apparatus, so the person operating these places has a duty of care to prevent traffic accidents by properly operating the steering gear and operating the steering gear as well as the steering gear.

Nevertheless, the Defendant neglected to drive the said vehicle under the influence of normal driving due to negligence in the course of business, as described in Paragraph 1, and received the part of the back-and-off part of the Equart vehicle driven by the victim D(74 years of age) waiting in the front line of the Defendant, from the front line of the Ecccoo vehicle. The above Lcoo vehicle caused the power that the said Lcoo vehicle turned into the above shock, and caused the victim F(32 years of age) to take a part of the back-and-off part of the Equent vehicle driven by the victim F(32 years of age) driving while waiting, and caused the above Ecuaf to take part of the back-and-off part of the Ecoon vehicle driven by the power that led to the above shock.

Ultimately, the Defendant is above.