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(영문) 인천지방법원 2015.05.06 2014고단9489

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six 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

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 CNS car;

On November 21, 2014, the Defendant: (a) around 23:50 on November 21, 2014, the face was red, smelled in the entrance, and is inaccurate, and cannot walk properly, but the Defendant was driving the said vehicle, which led to the speed of the Si-high speed in the direction of the 1st intersection from the smart ballast distance, according to the Incheon Yeonsu-gu Incheon Metropolitan City, along with six lanes in the direction of the Si-high speed.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by properly operating the steering direction and brake system of the motor vehicle while living well on the left side of the side of the motor vehicle.

Nevertheless, in order to avoid the said car going behind by the negligence of the courseed so far, the part of the back wheels and fences of the E-city driven by the victim D(the age of 47) who has changed the course into five lanes was shocked into the left side of the said car in order to avoid the said car.

As a result, the Defendant caused the injury to the victim, such as salt dynasium, tension, etc., which requires approximately two weeks of medical treatment due to the negligence of driving a motor vehicle while normal driving is difficult due to the influence of drinking.

2. Violation of the Road Traffic Act (Refusal to measure a noise level) causes a traffic accident, such as Paragraph 1, while driving the said vehicle at the place specified in Paragraph 1.

Accordingly, the defendant has reasonable grounds to recognize that he was driving a motor vehicle while under the influence of alcohol, such as red, smelling in the entrance, inabrupting, influence, and influence, and failure to walk properly, etc., so he/she was requested to take a drinking test three times from the Incheon Yeonsu Police Station Traffic Survey AssistantF, but he/she did not comply with it without good cause under the influence of alcohol.