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(영문) 인천지방법원 2014.08.28 2014고단4305
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On November 22, 2010, the Defendant issued a summary order of a fine of two million won at the Incheon District Court for a violation of the Road Traffic Act (driving). On August 18, 2011, the Defendant was sentenced by the Incheon District Court to a fine of three million won for a violation of the Road Traffic Act (driving) and violated Article 44(1) of the Road Traffic Act at least twice.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a motor vehicle with Bone Star bus driver in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving)

On 06:00 on 04. 24. 206. 06. 00, the Defendant, while driving the said van with a view to having difficulty in driving normally due to the influence of alcohol that reaches 0.165% of the blood alcohol concentration, was driving the said van along the three-lane road in front of the exit No. 107 viewing Station No. 107, Nam-gu, Incheon, Nam-gu, Seoul, along the right side of the tinbag distance.

At the same time, there were duties of care to prevent accidents in advance by safely operating the driver's and operating the driver's equipment and brake system well in the road situation, since the driver's vehicle, other than the driver's vehicle operated by the defendant, was in progress.

Nevertheless, the Defendant neglected this and neglected to change the two lanes from the first lane to the third lane, and thereby was driven by the injured party C(the age of 61) who was parked in the third lane through the second lane, and received the back portion on the left side of the DNA cargo vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Around 06:00 on April 24, 2014, the Defendant was under the influence of alcohol by 0.165% from the section of approximately 1km of alcohol alcohol content from the Nam-gu Incheon Metropolitan City Exro to the front road of the exit No. 107 viewing Station No. 4 of the same old month to the front road of the exit No. 107 viewing Station No. 107, 2014.

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