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(영문) 인천지방법원 2015.11.05 2015고단5532
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On February 16, 2012, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million by the same court on May 23, 2012, respectively. On August 30, 2013, the Defendant was sentenced to a suspended sentence of KRW 5 million by imprisonment with prison labor for the same crime, etc.

【Criminal Facts】

The defendant is a person engaged in the operation of BMW car.

1. On August 3, 2015, at around 06:15, the Defendant driven the said vehicle under the influence of alcohol by 0.104% of blood alcohol concentration in the section of approximately three kilometers from the front of the Sejong Forest Hospital located in Bupyeong-gu, Incheon, Seocheon-gu to the dominion distance in the Bupyeong-gu, Incheon.

2. On August 3, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) (hereinafter “Dangerous Punishment, etc.”) led the Defendant to make a round at a speed of about 30 kilometers a speed of about 30 kilometers a speed of 4 lanes in the direction of the main direction from the direction of the IC to the direction of the main direction.

At night, the above place was located in other automobiles, and therefore, the person operating the above place was well seeing the front and rear left, operating the steering system and the steering system as well as operating the steering system as appropriate, and operating it with a duty of care to prevent traffic accidents.

Nevertheless, the Defendant neglected this and neglected so doing so, and thus, it is inaccurate that her speech and behavior was done under the influence of alcohol as described in Paragraph 1, and the walking is somewhat narrow, and the blood color was fluored and red on the side of the snow, making it difficult for the Defendant to drive under the influence of normal operation, and the victim C (n, e.g., the age 47) who was driving under the right side of the Defendant’s course due to negligence in the course of duty and caused the collision with the left side side of the said BMW car.

Ultimately, the Defendant’s occupational negligence provides approximately two weeks of treatment to the victim.

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