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(영문) 인천지방법원 2014.11.06 2014고단5835
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

The Defendant, at the Incheon District Court on January 22, 2010, has been sentenced to a fine of KRW 2.5 million for the crime of violation of the Road Traffic Act, and on January 13, 2010, the above court was sentenced to a fine of KRW 3 million for the same crime, etc.

1. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On July 30, 2014, the Defendant driving the above cargo vehicle around 01:10, and driving the three-lane road in front of the “D cafeteria” located in the Nam-gu Incheon Metropolitan City, Nam-gu, along the two-lane distance from the new market distance to about 30-40km each hour.

At night, at the time, the victim E(24 years old) who stops in front of the Defendant's cargo vehicle was a F-hurged car of the victim E(24 years old) driver, and thus, the person engaged in driving of a motor vehicle had a duty of care to prevent the accident in advance by driving the motor vehicle without drinking, driving the motor vehicle in front and left well, accurately operating the steering and steering system, and accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and was negligent in proceeding while under the influence of 0.201% of alcohol content in the blood alcohol content, and received the front part of the Defendant’s vehicle, following the right side of the victim’s vehicle.

As a result, the suspect suffered injury such as climatic salt, etc., which requires medical treatment for about three weeks by negligence on the part of the victim in a situation where normal driving is difficult due to influence of drinking.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said B Poter Cargo Vehicle while under the influence of alcohol of about 300 meters from the road front of the new flag market distance in the Nam-gu Incheon Metropolitan City at the same time to the point of the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. The initial report on the measures taken at the scene of a traffic accident, the report on the traffic accident, the on-site photograph;

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