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(영문) 인천지방법원 2016.03.09 2015고단7877

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to six months of imprisonment or two years of suspended execution due to interference with the performance of official duties by the Incheon District Court on March 11, 2015, and the above judgment became final and conclusive on March 19, 2015, and is currently in the grace period.

[Criminal facts]

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury before the risk) and is engaged in driving of a sports cargo vehicle even in Dco.

On October 30, 2015, while under the influence of alcohol 0.182% during blood, the Defendant driving of the said cargo with the two-lanes of alcohol 0.182% during blood. On October 30, 2015, and driving the two-lanes of the three-lanes of Incheon Seo-gu, Seo-gu, Incheon, the Defendant, who is engaged in driving duty, had a duty of care to safely operate the steering direction and prevent accidents by safely operating the steering direction and brake devices while driving on the front bank. However, despite the Defendant’s duty of care to prevent accidents, the Defendant was negligent in driving at a state where normal driving is difficult due to the influence of alcohol, thereby causing injury to the victim F (47 years) (the rear part of the golf vehicle to undergo treatment for about 4 days between the Defendant’s driving freight and the victim’s injury to the victim, such as the instant golf vehicle requiring treatment for about 4 days, and the victim’s injury to the victim’s 2-day in the front part of the Defendant’s driving freight.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. The Defendant driving a sports cargo vehicle in Dco under the influence of alcohol content of 0.182% in blood at the same time, at the same place as paragraph 1, and at the same time and place as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on the actual condition of traffic accidents, a report on the results of regulating drinking driving, and a statement of the circumstances of driving on drinking;

1. Each written diagnosis;

1. His previous convictions.