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(영문) 인천지방법원 부천지원 2014.03.26 2013고단3427
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 19, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million with a fine of KRW 3 million with a fine of KRW 1 million with an Ansan District Court's Ansan Branch on April 9, 2013.

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 motor vehicle B low-speed

On November 26, 2013, the Defendant driven the said car with approximately 0.181% alcohol concentration around 23:00, while under the influence of alcohol, and led to a two-lane road of approximately 212 Do-dong, Yacheon-gu, Yacheon-gu, Yacheon-gu, in the Gyeonggi-si, to proceed along one-lane from the Incheon-si port of air.

At night, the accident scene was located near the intersection where the signal was sent, and thus, the driver of the vehicle was in the state of stop signal. Therefore, the driver of the vehicle was not able to drive the vehicle while normal driving is difficult due to the influence of drinking, and there was a duty of care to safely drive the vehicle in accordance with its signals by reducing speed and keeping it well.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a vehicle while it is difficult to drive the vehicle in a normal condition due to the influence of alcohol and due to the negligence of driving the vehicle, which led to the victim C(36 years of age)'s driver's vehicle in the front direction of the Defendant's vehicle.

The Defendant suffered injury to the victim, such as acute fluoral fluoral salt, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven the said low-speed car at a distance of about 300 meters, which is driven by approximately 0.181% of blood alcohol concentration, from the direction of the 300-meter Oral-si, Oral-si, Ocheon-si to the front road of the 212-dong, Seocheon-si.

Summary of Evidence

1. The defendant's oral statement;

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