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(영문) 인천지방법원 2014.06.12 2014고단2509
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 of the final judgment.

Reasons

Punishment of the crime

On December 3, 2008, the Defendant was issued a summary order of KRW 2 million from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million from the Busan District Court's Vice Branch on March 12, 2014 to a fine of KRW 1 million.

The defendant is a person engaged in driving a CNS car.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol concentration of 0.129% on March 16, 2014, while driving the said car at around 0.129%, and driving the said car toward the new copy distance from the direction of the Gyeongsan Police Station located in Busan Bupyeong-gu, Incheon.

At the time, the defendant's main road is a road with a central line, so in such a case, the person engaged in driving has a duty of care to safely proceed along the tea line.

Nevertheless, the defendant did not avoid the E SP car of the victim D(the age of 41) who was under suspension of traffic in the opposite lane due to the negligence of driving at the center line due to the influence of drinking, and did not avoid the EP car of the victim D(the age of 41), which was under suspension of traffic in the opposite lane due to the influence of drinking, and continued to take part above the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand part of the above SP(the age of 63) of the victim F.(the age of 63), which was after the above SM5 car was under suspension of traffic in the opposite lane, and continued to take part above as the front-hand-hand-hand-hand-hand part of the passenger car of the above SPP, and took part above 3rd-day treatment of the victim F.M. car after the above SM5 car was under the influence of the driver.

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