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(영문) 인천지방법원 2015.04.23 2015고단925
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving EM5 cars.

On December 16, 2014, the Defendant driven the said vehicle under the influence of alcohol of 0.104% in blood alcohol concentration on 18:55, and proceeded at a speed of about 40km per hour from the sclimatic park to the sclimatic slope of Incheon Gyeyang-gu.

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 due to influence of alcohol, have a duty of care to prevent accidents in advance by driving the motor vehicle in a safe manner, such as making a well-being of traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant failed to discover G dump truck parked on the right side of the road at the place where he was under the influence of alcohol due to negligence while driving, and received the back part of the left side of the above truck as the front side of the Defendant's vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the Ha (the third-year old-old-age-old-age-long-age-long-age-long-age-long-age-long-age-long-term-term-long-term-term-long-term-term-long-term-term-long-term-term-long-term-term-long-term-term-term-long-term-term-long-term-term-long-term-term-long-term-term-long-term-term-long-term-term-long-term-long-term-term-long-term-long-term-term-long-term-long-term-term-long-term-long-

B. Violation of the Road Traffic Act (MM5 vehicle) was driven by the Defendant under the preceding paragraph while under the influence of 0.104% of alcohol concentration in blood at approximately 2 km section from the Dongyang-dong, Gyeyang-gu, Incheon at the time to the place of the accident under the preceding paragraph.

2. Defendant B is a person engaged in driving Gump trucks.

The defendant under the above paragraph 1 (a).

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