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(영문) 인천지방법원 2016.10.13 2016고단3748
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 April 13, 2009, the Defendant was sentenced to a fine of KRW 9 million by the same court in the same court on March 24, 2014, for the following crimes: (a) imprisonment for eight months; (b) the suspension of execution; and (c) the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (d) the violation of the Road Traffic Act.

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 April 25, 2016, at around 22:45, the Defendant, while under the influence of alcohol of 0.181% of the blood alcohol concentration, was driving at the speed of one-lane from the shooting distance of the Gu citizen hall to the walking distance of the viewing railroad.

The Defendant, under the influence of alcohol, was unable to properly see that the eM5 vehicle behind the victim D(34 years old) drive while driving without properly examining the erode, etc. in a state where it is difficult for the victim to drive the erode and face while driving the vehicle at a normal speed, and then parked in the same direction, received the part of the erode behind the victim's vehicle in front of the defendant's vehicle. The above M5 vehicle was pushed forward in the future, with the shock of the victim F (44 years old), got the victim F (44 years old) driver's G ststst or back of the f (44 years old), caused the victim D to suffer injury, such as the erode, tension, tension, etc. requiring the victim F to receive approximately two weeks medical treatment, and suffered injury to the victim F, such as the victim's passenger H, and the victim's erode and tension in need of two weeks medical treatment.

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

2. The Defendant violated the Road Traffic Act (driving) is under the influence of alcohol by 0.181% of the blood alcohol concentration on the date and time as stated in paragraph (1), even though he had a record of driving under the influence of alcohol at least twice.

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