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(영문) 인천지방법원 2013.11.21 2013고단4021
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BM5 car;

On June 21, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.194% with blood alcohol concentration around 01:20, and continued the 3-lane mix of the machance distance in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, with one-lane 30km of the machance distance from the wind apartment room, depending on the speed of the machance distance.

At the time, the driver was at night and at the front of that place, and in such a case, there was a duty of care to prevent accidents in advance, such as reducing speed and safely driving by checking the right and the right of the driver.

Nevertheless, as above, the Defendant neglected to drive under the influence of alcohol while normal driving is difficult due to the influence of alcohol and received the back part of the Oral boo, which is not a number operated by the victim C (the age of 37) in the traffic signal, from the front part of the car operated by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as the climatic and the climatic base, which requires approximately three weeks of medical treatment.

2. On Nov. 10, 2006, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on Jan. 8, 2007, a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on Jan. 8, 2007, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on Apr. 29, 2009.

As above, the Defendant was punished for a violation of the Road Traffic Act at least twice, and the distance from the mutual infinite finite in Seo-gu Incheon, Seo-gu, Incheon, from the time and time of the above paragraph (1) to the same Dong.

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