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(영문) 인천지방법원 2021.03.10 2020고단11304
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 18, 2008, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) in the support of the Suwon Frigwon method.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a fe-fe-cap vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 24, 2020, the Defendant driven the above vehicle in front of the Incheon Nam-gu Incheon Metropolitan City Seoul Metropolitan City road on November 24, 2020, and proceeded straight at a speed of about 60km in speed, depending on the two-lanes of the 4-lane road at the entrance of the Southern East-dong Authority from the front side of the road.

On the front of the defendant's running direction at the time, there was a victim D ( South, 60 years old) who stops in the signal atmosphere and E-motor vehicle driven. In such a case, the driver of the motor vehicle has a duty of care to see the front side and to prevent the accident in advance by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant, by negligence, while under the influence of alcohol content 0.220% while driving at a normal time due to the difficult driving of the vehicle in blood, took the back part of the said cargo vehicle into the front part of the Defendant’s vehicle. The Defendant shocked the back part of the said cargo vehicle by the victim F (ma, South, 60 years old) who was parked before and stopped due to the shocking of the cargo vehicle into front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D such as salt, tension, etc. in need of approximately two weeks’ treatment due to occupational negligence as above, and injury to the victim F, such as salt, tension, etc. in need of approximately two weeks’ treatment.

2. In the state of being drunk by the Defendant for violating the Road Traffic Act (drinking driving) in the direction of 0.220% of alcohol concentration in blood during the day-to-day as stated in paragraph (1) above, Defendant 1 driven a vehicle B feke in the section of approximately 6km from the I Cooperatives located in Michuhol-gu Incheon Metropolitan City to the roads in front of the Namdong-gu Incheon Metropolitan City.

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