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(영문) 인천지방법원 2016.06.15 2016고단2412
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 6, 2008, the Defendant was sentenced to a fine of five million won as a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (licensed driving) at the Incheon District Court on March 29, 2010, by imprisonment with prison labor for 6 months and 2 years of suspended execution, respectively.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving coos car in D.

On February 2, 2016, the Defendant driven the said car under the influence of alcohol content of 0.102% among blood transfusions, and driven the front road of the “F Authorized Brokerage Agent” in Yeonsu-gu Incheon, Yeonsu-gu, along the five-lane of the said road, from the direction of the training middle school to the direction of the five-lane of the said road.

As above, Defendant 1 driven the above drinking and sniffed on the face, sniffly sniffly, sniffly, walked, walked, walked, and walked, which makes it difficult to drive normally due to the influence of drinking, due to the negligence of driving the above car and driving the central line at a difficult condition due to the influence of drinking. Defendant 1 suffered from the injury, such as the injury of the victim G (CT) 100 MT (CT) driving a victim G (49 years old) driving on one lane from the 5th apartment direction of the opposite 5th apartment of modern part, due to the front part of the left side of the Defendant 1’s car, by taking about about 20 weeks back to the left side of the Defendant 20 week 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. Violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (non-licenseing driving) do not obtain a driver's license at the time specified in paragraph (1), and the Defendant is 20 meters away from the front of the cafeteria of the Yeonsu-gu Incheon Yeonsu-gu Maol, Incheon, in the state of alcohol concentration of 0.102%.

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