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(영문) 인천지방법원 2013.08.19 2013고단2544
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. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On March 24, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.194% 0.194% around 18:30 on March 24, 2013, and continued to drive the said car at a speed of 60km per hour from the direction of the strengthening Eup court of Incheon Metropolitan City, 340-2.

In such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian and to safely drive the motor vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected to drive the road on the right side from the left side of the running direction of the Defendant’s vehicle in a situation where it is difficult for the Defendant to drive the road normally due to influence of drinking, and discovered the victim C (the age of 84) who crosses the road on the right side from the left side of the Defendant’s vehicle, but was negligent in operating the brake system, and received the part of the victim’s right side part of the passenger’s vehicle in front

Ultimately, at around 19:07 of the same day by occupational negligence, the Defendant caused the death of the victim at the E Hospital located in Incheon Metropolitan City D due to the damage of light and water.

2. On March 5, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court as well as a fine of two hundred and five hundred thousand won for the same crime at the Incheon District Court on April 14, 2008.

Nevertheless, at around 18:27 of the same day as described in paragraph (1), the Defendant driven B Poter in the state of alcohol alcohol concentration of about 500 meters at approximately 0.194% from the central market of the strengthened Si of Incheon Metropolitan City, Incheon Metropolitan City to the front road of the same Eup as the 18:30-day Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of F. F. The statement

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