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(영문) 인천지방법원 2016.11.10 2016고단6507
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 5, 2008, the Defendant issued a summary order of KRW 1 million by a fine at the Seoul Central District Court for a violation of the Road Traffic Act, and on July 14, 2016, the Incheon District Court sentenced imprisonment with prison labor for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving) and decided on July 22, 2016.

1. Around 04:55 on August 21, 2016, the Defendant had a history of driving under the influence of alcohol more than twice as seen above, the Defendant driven CST5 automobiles under the influence of alcohol by 0.261% at a blood alcohol level without obtaining a driver’s license on August 21, 2016, and proceeded with approximately 20 meters from the front of the Incheon Seo-gu Dro to the point of accidents described in paragraph 2.

2. 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 CM5 motor vehicles;

On August 21, 2016, at around 04:55, the Defendant was under the influence of alcohol with 0.261% of blood alcohol concentration, and without a driver’s license, the Defendant proceeded with the second line of the Seo-gu Incheon Metropolitan D, Seo-gu, Seo-gu, Incheon, at the speed of 21 to 30 km from the north market to the new side.

In the front direction of the defendant, the victim F(56 years old) was stopped in accordance with the suspension signal, and thus, the driver of the vehicle has a duty of care to safely drive the brake and steering gear and prevent the accident in advance by safely driving it, such as complying with the signal and properly operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and was negligent in driving the Defendant’s vehicle under the influence of alcohol and shocked the back-winger of the said victim’s taxi.

Ultimately, the defendant is in a situation where normal driving is difficult due to influence of drinking.

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