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(영문) 인천지방법원 2014.10.22 2014고단5051

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

[criminal power] On June 14, 2010, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch on June 14, 2010, and a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act at the Incheon District Court’s District Court on June 23, 2010.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a car B;

On March 4, 2014, at around 23:29, the Defendant driven the said car while normal driving is difficult due to the influence of alcohol that reaches the blood alcohol concentration of 0.138%, and led the Defendant to drive the said car at a one-lane from the distance of the airfield Park in the Olympics-gu Incheon Metropolitan City to the distance of the Olympic Park Park.

Since there was an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by safely operating the steering gear and brakes in a safe way.

Nevertheless, the Defendant neglected to do so by negligence and led the victim C (the age of 39) who is waiting at the front line of the vehicle driven by the Defendant as the front line part of the vehicle driven by the Defendant, and continued to receive the front line part of the Fmarib car driven by E in front of the vehicle driven by the Defendant, and continued to receive the rear part of the said horsebrib car driven by the victim G (the age of 38) while keeping the said horsebrib car.

Ultimately, the Defendant caused the injury to the victim C by occupational negligence in detail that requires approximately three weeks of treatment to the victim C, and the injury to the victim I (36 years of age) who is a passenger of the said rocketing car, such as cerebral tension in detail as requiring treatment for about three weeks, and the injury to the victim G, such as salt, tension, etc. requiring treatment for about two weeks.