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(영문) 인천지방법원 2016.02.24 2015고단7807
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 6, 2006, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving), a fine of 3 million won for the same crime in the same court on June 21, 2007, a fine of 3 million won for the same crime in the same court on December 24, 2007, and a fine of 3 million won for the same crime in the same court on May 29, 2008, respectively.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaging in driving a rocketing car.

On September 25, 2015, the Defendant, while under the influence of alcohol content of 0.170% during blood transfusions on September 25, 2015, proceeded with the investigation distance of 93-10,000 in the Nam-gu Incheon Metropolitan City, Nam-gu, one way, one way, among five lanes in letter, in the direction of the head of the Suju Project.

The Defendant, while driving the said vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking such as a string distance, etc., while driving the vehicle before the Defendant’s vehicle by signal, and driving the vehicle before the Defendant’s vehicle. The Defendant received the part of the Defendant’s vehicle behind the Defendant’s vehicle, which was owned by the victim D(333) who stopped, as the front part of the Defendant’s vehicle, the victim D and the victim’s chief passenger for driving the vehicle, and suffered injury, such as catum salt, etc., which requires approximately two weeks of medical treatment.

The defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victims.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a vehicle of 100 meters in 100 meters high from the front day of the Incheon Southern-gu Ga-gu 109’s “Slow-gu mool” to the front day of the investigation distance of 93-10,000, while under the influence of alcohol content 0.179% during the day set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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