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(영문) 인천지방법원 2018.10.05 2018고단6240
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On May 13, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court’s Busan District Court’s Branch on May 13, 2008, and on June 15, 2012, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving), and on January 26, 2018, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court’s Vice Branch Branch of the Incheon District Court.

[Criminal facts]

1. On July 21, 2018, the Defendant was under the influence of at least 0.264% alcohol during blood transfusion without obtaining a driver’s license of a motor vehicle on July 21, 2018, the Defendant driven a C-wing truck at approximately 150 meters in the section of approximately 150 meters in front of the 150-3 of the Incheon Seo-dong, Seo-gu, Seo-gu, Incheon, through the 150-3-ro from the fluoral heading of the trade name to the 150-3 month from the fluoral heading of the city.

Accordingly, although the defendant had been punished more than twice due to the violation of the Road Traffic Act, he again driven a motor vehicle without obtaining a driver's license in a drunken state.

2. The Defendant is a person who is engaged in driving dangerous vehicles C with C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

The Defendant, while under the influence of alcohol level of 0.264% during the day-to-day alcohol level of 0.264%, was driven by the Defendant, and proceeded at a speed of about 50 kilometers per hour in the direction of the Incheon Western Cultural Center in the direction of the Incheon Seo-gu Office in the direction of the Incheon Western Cultural Center, located in 150-3 Seo-gu, Seo-gu, Incheon.

At all times, the speed of restriction is 30 kilometers per hour, and crosswalks are installed on the front side, so in such a case, the driver of the motor vehicle shall not drive the motor vehicle under the influence of alcohol in any case, and the speed shall be reduced.

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