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(영문) 인천지방법원 2014.01.16 2013고단6614
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.

(e).

Reasons

Punishment of the crime

1. On July 30, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving B K5 cars under the influence of alcohol concentration of 0.130% in blood, while under the influence of alcohol level of 0.130% on the roads 541, Nam-gu, Incheon Metropolitan City, Nam-gu, Incheon, and led to the first line in the direction of the Incheon Western Elementary School.

At the time, it was night and its location was a road with the width of the street, so there was a duty of care to thoroughly see the front hour and safely operate the car line to the driver.

Nevertheless, under the influence of liquor, the Defendant was negligent in driving the vehicle, and due to the negligence that the Defendant did not discover the Done Star Co., Ltd. owned by the victim C(36 years of age) who stops on the second line, and received the front door of the said K5 vehicle with the front door of the said K5 vehicle’s right side.

Ultimately, the Defendant, while driving the said K5 vehicle in a situation where normal driving is difficult due to the influence of drinking, sustained the injury of the victim E (the age of 36) who was on board the said L5 vehicle in need of approximately two weeks of medical treatment, such as the base of salt for the pertinent K5-day medical treatment, and suffered the injury, such as the light dump for which medical treatment for about two weeks is required.

2. On December 28, 2007, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Incheon District Court on December 28, 2007, and on October 15, 2008, the Incheon District Court issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

As above, the Defendant was punished twice or more for a violation of the Road Traffic Act (driving) and the Defendant was under the influence of B K5 cars from around 00:07 on July 30, 2013 to the 5km-dong, Nam-dong, Incheon, Nam-dong.

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