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(영문) 인천지방법원 2014.11.27 2014고단7744
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On December 12, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 100,000 for the violation of the Road Traffic Act, and on April 13, 201, the same court issued a summary order of KRW 5 million for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and for the violation of the Road Traffic Act.

【Criminal Facts】

1. On August 16, 2014, at around 8:17, the Defendant driven BM5 car under the influence of alcohol concentration of about 0.212% from the public parking lot located in the 6-lane, Gyeyang-gu, Incheon Gyeyang-gu, Incheon, to the end of the Yongsan Village Central Apartment at approximately 1k-ro, which is 141 in the same culture of Gyeyang-gu.

2. On August 16, 2014, the Defendant of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Driving) was driving the BMP5 car under the influence of alcohol by 0.212% of alcohol concentration in blood while driving the three-lane road in front of the Yongsan Village Central Apartment Village, which is 141 time in Gyeyang Culture, Gyeyang-gu, Incheon, at a speed that is not known in the direction of Gyeyangna.

Since the place has a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to reduce the speed for the person engaged in driving service, and whether a person has a way to see the right and the right and the right, and to drive safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and went beyond the road by neglecting the fact that the vehicle progress signal is changed to the stop signal due to the negligence of driving it as it is, according to the pedestrian signal, the victim C, who was crossing from the right side of the crosswalk to the left side of the crosswalk, was assigned to the front right part of the vehicle.

As a result, the Defendant is driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, and the Defendant abandons the left-hand body in need of medical treatment for about 10 weeks to the victim C.

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