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(영문) 인천지방법원 2015.02.05 2014고단9274

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for six months with prison labor for a violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on October 22, 2010, and on February 20, 2013, at the Seoul East District Court's Seoul East District Court sentenced two years of suspension of execution for eight months of imprisonment with prison labor for a violation of the Road Traffic Act (driving). The judgment becomes final and conclusive on February 28, 2013.

【Criminal Facts】

The defendant is a person who is engaged in driving a Crails car.

1. On November 21, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the Road Traffic Act (unclaimed Measures after Accidents) (hereinafter referred to as the “Act”) led the Defendant to proceed to the promotion apartment from the side of the Southern Apartment apartment in Incheon Nam-gu while under the influence of alcohol leveling 0.260% of alcohol level.

At the time of night and at the front of the suspect's moving direction, G K5-si in driving F(49 years old) stops in order to signal the atmosphere. In such a case, there was a duty of care to safely proceed in order to reduce speed to a person engaged in driving service and to avoid collision with a motor vehicle standing on the front and rear side by properly examining the front and rear left.

Nevertheless, the Defendant was found to have been a criminal offender following the above K5-si due to occupational negligence running in the state where normal driving is difficult due to influence of drinking.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence as above, and did not immediately stop and take necessary measures even though the Defendant damaged the said K5-si to require the repair cost of KRW 408,791.

2. The Defendant violated the Road Traffic Act (driving) from the roads in front of the fifth apartment of the Nam-dong, Nam-dong, Incheon, in a state of alcohol of 0.260% of blood alcohol content at the same time and time as the above 1.1. to the vicinity of 1303-3 of the same Gu.