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(영문) 인천지방법원 부천지원 2019.06.14 2018고단1418
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On November 20, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on November 20, 2006, a fine of KRW 5 million for the same crime at the Incheon District Court on February 10, 2014, and a fine of KRW 7 million for the same crime at the Seoul Southern District Court on November 30, 2017, respectively.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Defendant is a person engaging in driving a B rocketing car;

On January 20, 2018, the Defendant, at around 19:20, driven the said car under the influence of 0.143% alcohol concentration without obtaining a driving license for the three-lane road in front of the Busan Metropolitan City, Seocheon-si, 2018, and driven the said car at a one-lane distance from the original IIC bank.

A person engaged in driving service has a duty of care to live in front and rear well, and operate a steering boat and brake accurately.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(the age of 34) who was in the atmosphere of the signal at the front of the vehicle, and was driven by the victim D(the age of 34) at the front of the vehicle.

Accordingly, in a situation where normal operation is impossible due to the influence of drinking, the Defendant inflicted an injury on the victim by negligence in the course of performing the above duties, such as light dump, etc. in need of treatment for about two weeks, and at the same time damaged the above k5-car owned by the victim to have a considerable amount of KRW 1,361,63.

2. On the date stated in Paragraph 1, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Free License) and the Defendant is under the influence of alcohol of 0.143% of blood alcohol concentration without obtaining a driver’s license for a section of about 3 km from the G 3km segment around the Kimpo Airport located in Gangseo-gu Seoul Metropolitan Government 38, Seocheon-si to the front day of the G Macheon-si.

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