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(영문) 인천지방법원 2015.11.26 2015고단6074

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

The Defendant is a person who is engaged in the operation of a passenger car in B, 2015 and 6074.

1. Around September 17:10, 2015, the Defendant driven the said vehicle under the influence of alcohol by 0.226% in a section of about 500 meters from the front of the Bupyeong-gu Incheon Bupyeong-gu Seoul Metropolitan City, to the front of the future 50-ro of the Bupyeong-gu, Incheon, Bupyeong-gu, to the front of the 50-ro of the Bupyeong-gu, Incheon.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to a speed that is slowing from the direction of Samsan High School to the direction of the road in front of the future to the five-lane apartment complex in the future to the direction of Samsan High School on September 14, 2015.

At the time, the above place was the main place, and since the passage of other automobiles and pedestrians is frequent, the person operating the above place was well seeing the front, rear, left well, and operating the steering gear and the brakes properly, thereby having a duty of care to prevent traffic accidents.

Nevertheless, as described in Paragraph 1, the Defendant neglected this and neglected so doing so and divided into drinking and smelling. The walking is in a narrow distance and the blood is difficult to drive normally, and the part of the front part of the EKaren motor vehicle driven by the victim D (34 years old) who driven the said vehicle due to the occupational negligence of the Defendant, while driving the vehicle in a state where it is difficult to drive normally, was driven by the back part of the EKaren motor vehicle in the above test.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment by occupational negligence as above.

"2015 Highest 6590"

3. Around September 14, 2015, the Defendant violated the Road Traffic Act (driving) and driven a car with B the 40m section of approximately 40 meters from the Gmaart front in Incheon Bupyeong-gu to the road of about 105 old C apartment, while under the influence of alcohol by 0.24% of blood alcohol concentration on September 14, 2015.