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(영문) 인천지방법원 2016.03.16 2015고단7662
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court, and on June 22, 2012, a summary order of KRW 5 million for the same crime at the Incheon District Court.

1. The Defendant is a person who is engaged in driving a motor vehicle in the Ireland as a driver of the motor vehicle.

On October 2, 2015, around 05:28, the Defendant driven the above van in a state where it is difficult to drive normally, such as under the influence of alcohol concentration of 0.185% in blood, and walking, the Defendant driven the above van at a speed of about 60 km in the direction of sand village shooting in the direction of the construction distance.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult under the influence of alcohol, and even if it is inevitable to drive a motor vehicle, he/she has a duty of care to safely drive the motor vehicle by driving the right and the left well.

Nevertheless, the Defendant neglected to do so and led the victim E (49) who driven a vehicle while under the influence of alcohol along one lane of the running vehicle of Defendant E (49) due to the negligence of driving the vehicle while driving the vehicle, suffered from the injury, such as a climatic dump, which requires approximately three weeks of treatment to the victim E, by taking advantage of the parts adjacent to the left-hand side of the vehicle driven by the Defendant, for about three weeks of treatment, such as light dump dump, which requires approximately four weeks of treatment to the victim G (V, 50 years of age) who is the front-hand side of the vehicle of the given Ireland, and to the same H (57 years of age) for about four weeks of treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

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