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(영문) 인천지방법원 2013.04.03 2012고단11581
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2011, the Defendant was sentenced to 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Suwon District Court's Eunpyeong Housing Site, etc., and the judgment became final and conclusive on March 3, 2011.

Criminal facts

1. The defendant is a person who is engaged in driving a rocketing car in violation of the B rocketing Rate relating to the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)

On September 24, 2012, at around 22:05, the Defendant driven a rocketing passenger car with a blood alcohol concentration of 0.116%, and proceeded to the piracy from the side of the west-gu Incheon, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, along the two-lanes between four-lanes in front of the Seo-gu, Seo-gu, Seo-gu, Incheon.

When changing the vehicle line, there was a duty of care to change the vehicle line by operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected to drive under the influence of alcohol and neglected to drive the vehicle on the port as it is, due to the negligence of changing the vehicle line to the port, and taken the part into the left side of the said DSS5 vehicle driven by the victim C (I am 45 years old) and avoided the said part into the right side of the said DES5 vehicle, while avoiding to the right side of the said vehicle at the third-lane, and received the said part into the right side of the said rocketing passenger vehicle driven by the victim E (I 56 years old).

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as the left-hand shoulder and tension that requires approximately two weeks of treatment, and the injury to the victim G (the 48 years of age) who is a passenger of the said SM5 car, such as light dynasium in need of treatment for about two weeks, and the injury to the victim E, such as the dynasium and tension in need of treatment for about two weeks of treatment.

2. The driver's license of a motor vehicle shall be revoked on September 24, 2012 by the defendant for a violation of the Road Traffic Act and the Road Traffic Act.

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