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(영문) 인천지방법원 부천지원 2014.01.24 2013고단3304
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 8, 2006, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Western District Court on December 8, 2006, and a person who was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon Western Branch of the Incheon District Court on April 24, 2007.

1. Around 23:40 on October 31, 2013, the Defendant driven a B car with a blood alcohol concentration of 0.157% under the influence of alcohol without obtaining a driver’s license from a section of approximately 1.5km from the front of a public parking lot located in the Kimpo-dong in Kimpo-si, Kimpo-si to the front road of the modern apartment located in Kimpo-si, Kimpo-si at approximately 23:50km on the same day.

2. 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 B car;

On October 31, 2013, at around 23:50, the Defendant driven the said car under the influence of 0.157% alcohol concentration without obtaining a driver’s license as stated in the foregoing paragraph (1), and led the said car to drive the three-lane road in front of the modern apartment as described in the foregoing paragraph (1) at a non-speed speed depending on one lane from the right edge to the right edge distance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering system, steering system, and brake system by properly operating it.

Nevertheless, under the influence of liquor, the Defendant was negligent in the course of business in which he neglected the operation of the front and the operation of the brake system while driving a scambly, and received the back part of the back part of the driving line of the victim C (Nam, 46 years old) who was parked in the first lane of the road in front of the said modern apartment.

Ultimately, the defendant is in a situation where normal driving is difficult due to influence of drinking.

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