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(영문) 인천지방법원 2016.04.28 2016고단813

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2001, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul District Court on December 28, 2001, the summary order of KRW 2.5 million for the same crime at the Incheon District Court on October 20, 2008, the summary order of KRW 2.5 million for the same crime at the Incheon District Court on August 20, 208, and the summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul District Court on August 19, 2009.

Criminal facts

1. The Defendant is a person who is engaged in driving a DNA car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On December 5, 2015, the Defendant, while under the influence of alcohol 09:28%, driven the said passenger vehicle with a alcohol content of 0.174%, and proceeded one lane at a speed of about 122 km from Seoul to the Incheon Gyeyang-gu Dlim, which is 271-2.

At that time, since the restricted speed is at 60 km every hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

그럼에도 피고인은 술에 취하여 이를 게을리 한 채 제한 속도를 매시 62km 초과하여 운전한 과실로 마침 위 도로를 2 차로에서 1 차로로 변경하여 진행하던 피해자 E(68 세) 이 운전하는 F 라보롱카고 화물차의 뒷부분을 위 카니발 승합차의 앞부분으로 들이받고 그 반동으로 위 카고 화물차로 하여금 우측으로 튕기면서 위 도로의 2 차로를 따라 진행 중이 던 G이 운전하는 H 한국 토 미 암 룰 트럭 화물차의 좌측 부분에 연쇄 충돌하게 하였다.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, was damaged by the victim, such as cutting the body of the body of a single flat, other than the first flatus, which requires approximately five weeks of medical treatment.

2. The defendant who violated the Road Traffic Act (drawing driving) shall be above.