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(영문) 인천지방법원 2016.09.08 2016고단3577
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

On January 26, 2015, the Defendant issued a summary order of KRW 5 million at the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on November 23, 201, the same court issued a summary order of KRW 1.5 million as a fine for the same crime and has the record of drinking driving twice.

The Defendant is a person who is engaged in driving a Class B truck.

1. On March 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) operated the said truck under the influence of alcohol concentration of 0.165% on blood on March 23, 2016, and made the said truck turn to the left at about 60 km from the operating station to the speed of 516km from the Cheongcheon-do ebbburg.

The Defendant: (a) while driving the said truck under the influence of alcohol, such as a string distance, which is difficult to drive normally due to the influence of alcohol; (b) while driving the said truck on the part of the victim C(33 years old) driving that was driven under the Cheongra International City with the shooting distance from the operations station in the Cheongra International City, received the front-down part of the said truck from the back part on the right side of the said truck, and suffered injury to the said victim E (hereinafter 33 years old), who was accompanied by the said victim and E (hereinafter 33 years old), by taking the front-hand part of the said truck on the right side of the said truck.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victims.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a temporary driver’s license as referred to in paragraph (1) of this Article, driving the said B-be truck under the influence of alcohol concentration of 0.165%, and driving the said B-be truck at approximately 500 meters from the end of the 2-stop-dong bus running in Gyeyang-gu Incheon Gyeyang-gu to the place specified in paragraph (1).

Summary of Evidence

1. The defendant's legal statement; 1.1.

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