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(영문) 인천지방법원 2013.11.14 2013고단5233
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dunst Driving) is a person engaged in driving a Dunst car.

On July 1, 2013, at around 22:35, the Defendant driven the said car with a blood alcohol concentration of 0.192% 0.1%, and was driving the said car on the front of the road located in the south-gu Incheon Metropolitan City from the 5-dong Office of the 5-dong Office of the State, the Defendant was overtaking the Defendant on the left side of the victim E(the age of 46) driving.

In such cases, a person engaged in driving service shall accurately operate the steering system, brakes, and other devices of the vehicle, and shall not drive the vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the vehicle, and has a duty of care to properly report the front left left and prevent the accident by driving it.

Nevertheless, in a situation where normal driving is difficult due to the influence of drinking, the Defendant got out of the left part of the said E’s car due to the above occupational negligence.

As a result, the Defendant suffered, by the above occupational negligence, the victim G (the age of 46) who was present in the said car with approximately two weeks of care, such as the salt fat, which requires approximately two weeks of treatment to the victim E, and the salt fat, etc. of the shoulder pipe that requires two weeks of treatment.

2. The Defendant violated the Road Traffic Act (after-accident) while continuing a traffic accident as above, while moving back a vehicle to walk up on the roads front of the 26-29 Roon-dong, Nam-gu, Incheon, Nam-gu, in order to walk up the vehicle on the front side of the Jeju Elementary School, and neglecting the duty of follow-up watching, steering, and operation of the brakes on the above Haak-dong parking lot due to negligence, the part of the 1stst rocketing cargo vehicle owned by the victim H(38 years old).

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