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(영문) 인천지방법원 2013.06.20 2013고단1432
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 1, 2006, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on June 1, 2006, and on June 28, 2006, the same court issued a fine of four million won for a crime of violating the Road Traffic Act.

【Criminal Facts】

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was 0.11% of blood alcohol concentration, the Defendant, at the face of 0.11%, snicking, snicking, and snicking to the extent that it is difficult to drive normally and make it difficult to drive normally. On January 26, 2013, at around 06:08, the Defendant was driving BK5 car and suspended the road prior to the “snick distance of the Culture and Arts Center” in 1126, South-dong-gu, Incheon Metropolitan City.

The Defendant stopped as above, but under the influence of alcohol, was unable to accurately operate the brake system due to the influence of alcohol and proceeded with the vehicle while the Defendant was driving the vehicle in front of the 5-day vehicle that was driven by the Defendant, resulting in the Defendant’s injury of the fluoral d taxi, which was driven by the victim C (the age of 32) who was driving in front of the Defendant, and requires approximately two weeks medical treatment to the said victim, such as the victim E (the age of 18), the victim F (the age of 18), and the victim G (the age of 18) for each two-day medical treatment.

After all, the Defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice as stated in criminal power, the Defendant is a defendant who is in the Nam-gu Incheon Metropolitan City H via the front road of the Culture and Arts Center located in the Nam-gu, Incheon Metropolitan City at around 06:00 on January 26, 2013.

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