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(영문) 인천지방법원 2014.08.14 2014고단3782

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive the above cargo vehicle at around 03:30 on May 11, 2014, and drive the street in front of the “Scam No. Sheet Road” located on the 296-lane in Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, along the two-lane distance from the side of the Bupyeong-gu, Bupyeong-gu.

The Defendant, while under the influence of alcohol content of 0.205%, was in an inaccurate and proper state of being drunk and difficult to drive under normal conditions, such as snow shock. At the time of night, the Defendant was in a state of leaving the front door at night, and thus, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by reducing speed and checking well the front left door.

Nevertheless, the Defendant neglected this and failed to keep the safety distance sufficient, caused the part of the D Launta taxi that was driven by the victim C (year 62) who was standing in the signal atmosphere in front of the said cargo vehicle, and caused the victim E (year 47) who was standing the said taxi to get the back part of the string of the said taxi.

Ultimately, the Defendant, by its occupational negligence, sustained injury to the said C, such as salt, tensions, etc. on the strings of the said rocketing taxi, and injury to the victim G (hereinafter referred to as “victim”) who was a passenger on the back of the said rocketing taxi, for about two weeks of treatment, such as salt, tensions, etc. in need of approximately two weeks of treatment, and injury to chills and tensions that require approximately two weeks of treatment to the victim H(age 47) who is a passenger of the same vehicle; injury to the chills and tensions that require approximately two weeks of treatment; injury to the said E, such as salt, tensions, etc. in need of approximately two weeks of treatment; injury to the chills and tensions that require approximately two weeks of treatment; injury to the victim I (age 25) who was a passenger on the back of the said string taxi.

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