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(영문) 인천지방법원 2015.09.16 2015고단4171
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 16, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on April 30, 2012 and a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on April 30, 2012, respectively.

【Criminal Facts】

1. Around 21:55 on April 13, 2015, the Defendant driven a d SM520 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.188% from the 300-meter section from the Do before the beginning of the new month in the Nam-gu, Incheon Metropolitan City to the front road.

2. The Defendant is a person who is engaged in driving a vehicle with DSS520.

On April 13, 2015, at around 21:55, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol that reaches 0.18% of blood alcohol concentration, and led to the driving of the said car according to the first lane, driving on the side of the small-scale death distance, which is the third-lane road in the south-gu Incheon Metropolitan City C front of the Nam-gu.

At the time, the road was installed at night and at all times, so there was a duty of care to safely operate the steering gear and brakes by accurately operating the steering gear and brakes by taking into account the road situation into account.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the F Uidi A4 car driven by the Defendant at the front portion of the car driven by the Defendant, which was driven by the traffic signal from the front side of the vehicle driven by the F Uidi A4, which was driven by the Defendant, due to the shock, and the said A4 car was pushed forward in the future due to the shock, and was driven by the victim G(40 years old) who was parked in front of the vehicle, thereby getting the back portion of H 130 car driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim G, such as salt, tension, etc., of the necessary 2 weeks of medical treatment.

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