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(영문) 인천지방법원 2015.11.26 2015고단6058
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

The defendant is a person engaged in driving a B-to-pur vehicle.

1. Around July 30, 2015, the Defendant driven the said vehicle under the influence of alcohol by 0.249% in the direction of alcohol concentration of approximately three kilometers from the Do in front of the Do in Bupyeong-gu Incheon Metropolitan City to the front road of the teachers and staff in the south-dong-gu Incheon Metropolitan City 357, from the Do, to the Do in front of the Mutual Aid Association.

2. Around 00:05 on July 30, 2015, the Defendant, at a speed of about 20 kilometers a speed of 20 kilometers a speed, depending on two-lanes in the direction of the sloping Elementary School in the direction of the sloping School in Incheon Bupyeong-gu.

At night, the above place was an intersection connected to the road of one-lane, and the commercial buildings are densely concentrated, and the passage of other motor vehicles is frequent, so the person operating the above place was able to well see the front and rear left and the left, operating the steering gear and the brake system properly, operating the steering gear, and performing the duty of care to prevent traffic accidents.

Nevertheless, the Defendant neglected to do so, while driving the said vehicle under the influence of alcohol as described in Paragraph 1, and was driven by the injured party G (the age of 44) who was in the front of the Defendant’s vehicle due to his occupational negligence, and was driven by the victim G (the age of 44) at the front of the vehicle, and received the front right part of the said vehicle.

After all, the Defendant got away without immediately stopping necessary measures, such as removal of traffic obstacles, even though he damages the car repair cost to cover 467,818 won due to the above occupational negligence.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) is speeded by one of three-lanes in the direction of the livering market from the direction of the livering distance among the teachers and staff in front of the 357 teachers and staff in South-gu Incheon Metropolitan City, Nam-gu around 00:25 on July 30, 2015.

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