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(영문) 인천지방법원 2016.08.17 2016고단3298
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 11, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court, and on February 19, 2008, issued a summary order of KRW 1 million as the same crime by the same court.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a Bolf2.0 TDI car.

On May 4, 2016, the Defendant, while driving the said vehicle under the influence of alcohol level of 0.118% among blood transfusions on May 18:50, 2016, and driving the said vehicle under the influence of alcohol level of 0.118% at the speed of Heung-dong at night, changed the said two-lanes to the two-lanes while driving the two-lane road above the intersection in the direction of Heung-dong at a speed of 31 to 40km in the direction of Heung-dong.

On the two-lanes, the victim C(43 tax) DoW X6xr 30 cars were driven by the victim C(43) and so, the driver of the vehicle had a duty of care to prevent the accident by driving the car in advance by safely driving it, such as making it possible for the driver of the vehicle to look at the front left and right and accurately operating the brakes and steering gear.

Nevertheless, the Defendant, while neglecting the influence of alcohol and changing the lane into a two-lane as it is, led to the negligence of driving the vehicle by the Defendant, which led to the lower end of the vehicle driven by the said victim C.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said victim C, such as sprinke, tensions, etc., in need of a two-day medical treatment, injury to the victim E (52) of the said victim C, such as sprinke, tensions, etc., in need of a two-day medical treatment, and injury to the victim F (59 years old) of the said passenger, such as cume, tensions, etc., in need of a two-day medical treatment.

2. On May 4, 2016, the Defendant violated the Road Traffic Act (drinking driving) from the front of the cafeteria at the cafeteria, which is located under the Chyeong-gu, Sinung-dong on May 4, 2016.

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