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(영문) 인천지방법원 2016.05.12 2016고단764
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

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 22, 2015, the Defendant driven the above cargo under the influence of 0.107% alcohol concentration in blood without obtaining a driver's license for a motor vehicle on November 22, 2015, and led to the speed of 3 lanes 11.8km in Gyeyang-gu Incheon, Incheon, to the Incheon side.

At the time, there was a motor vehicle that was difficult to walk around with a new wall, so in such a case, the defendant engaged in driving the motor vehicle had a duty of care to reduce the speed and to accurately operate the steering direction and brake system and prevent the accident in advance by driving it accurately and safely.

Nevertheless, the Defendant neglected this and driven a victim D (49 years old) who passed a three-lane prior to drinking in the same direction by negligence while driving in a state where normal driving is difficult due to influence of drinking.

E The upper part of the upper part of the back part of the back part of the back part of the Epobbbbbbbbage truck is the front part of the Defendant, and due to the shock, the victim D’s cambling of the vehicle, which was installed in the center separation zone of the expressway, became a side of the vehicle installed in the center separation zone of the expressway, and the vehicle’s luminous net, etc. was driven toward the side of Incheon along two-lanes opposite to the opposite road.

F Driving

G Driving on the left-hand pan-hand part of the low typ-car

I Driving in the front part of the radar car, which is driven by J.

K K Co also faced with the front panion of the sports cargo vehicle.

Ultimately, the Defendant caused the victim D’s injury, such as a closed nature requiring approximately 10 weeks’ medical treatment, or the bones of the bones of specified vertebrates, due to the above occupational negligence, and at the same time damaged the victim L’s car to be in excess of KRW 388,300.

Summary of Evidence

1. The defendant's person;

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