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(영문) 인천지방법원 부천지원 2014.01.09 2013고단3232

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

(Formationized Criminal Power) On June 28, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch on June 28, 2007. On May 21, 2013, the Incheon District Court received a summary order of KRW 2 million as the same crime.

1. The defendant is a person who is engaged in driving of CK3 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 20, 2013, the Defendant driven the above vehicle while under the influence of alcohol 0.131% of alcohol level around 05:30, and driven the above vehicle along the same 1178 adjacent road in Seocheon-si, Seocheon-si, Seocheon-si, the Defendant driven the three-lane 3-lane road on the surface of the cultural and art distance outflow.

At the same time, the Eststyna taxi driven by the victim D was stopped to the signal atmosphere, and in such a case, there was a duty of care to prevent the occurrence of accidents, such as stopping at the location where the said taxi and the specified distance are maintained, by reducing speed and lowering the speed as well as making it possible for the driver of the vehicle to live well.

Nevertheless, the Defendant: (a) while driving the said K3 vehicle under the influence of alcohol, which was difficult to drive in a normal condition due to the influence of alcohol; (b) discovered the said 3-day vehicle behind the said K3-way driver due to occupational negligence; (c) obtained the rear part of the said 1-day vehicle from the said 3-way driver due to such occupational negligence; and (d) caused the collision between the said 1-ray vehicle driven by the victim F while the said 3-vehicle was pushed into the left side by shock; (d) obtained the injury of the 1-ray vehicle driven by the victim H while driving the 3-day vehicle into the left side by the 3-day driver; (e) suffered the victim D with approximately three weeks of injury, such as catum base, tension, etc. requiring treatment for about three weeks to the victim F; and (e) suffered the injury, such as light fatum base, etc. requiring treatment to the victim H.