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(영문) 인천지방법원 2015.01.08 2014고단7764
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 became final and conclusive.

Reasons

Punishment of the crime

On May 14, 2013, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Central District Court on May 14, 2013, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act at the Ansan District Court on January 14, 2014.

The defendant is a Chinese national, and the defendant is a person who is engaged in the operation of the CMF5 car owned by Dong Young T&T company.

1. On May 31, 2014, at around 00:32, the Defendant driven the said vehicle under the influence of 0.105% of the blood alcohol concentration without obtaining a driver’s license from a section of about 1km from the road front of the Bupyeong-gu Incheon Bupyeong-gu square to the 4th square, Bupyeong-gu, Incheon, Bupyeong-ro, 169-ro, 169-ro.

2. On May 31, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”), driving the said car at around 00:32, and driving it on May 31, 2014, at a speed of about 40 km from the border intersection to the large apartment at the speed of about 169 km in front of the 169-lane west-ro, Bupyeong-gu, Incheon Metropolitan City.

In such cases, a person engaged in driving service has a duty of care to properly operate the steering gear and brake system and to safely proceed by adjusting the speed in advance.

Nevertheless, the Defendant was negligent and negligent in driving while driving the vehicle in the same direction by the victim D (the age of 28) who is waiting for a signal in the same direction due to the negligence that he or she is difficult to drive in a normal condition while under the influence of alcohol, and was driven by the Defendant’s part on the back of the passenger vehicle in front of the left side of the vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks.

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