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(영문) 인천지방법원 2016.03.09 2015고단7911
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of two million won for a crime of violation of road traffic law at the Incheon District Court on November 25, 2009, a fine of four million won for the same crime in the same court on November 27, 2013, and a fine of four million won for the same crime in the same court on May 14, 2015, and two years for the same crime in the same court on May 14, 2015, and the above judgment of suspension of execution became final and conclusive on May 22, 2015, and is currently under suspension of execution.

[Criminal facts] The Defendant is a person who is engaged in driving a B-U vehicle.

1. On November 13, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven the said vehicle at a speed of about 30km from the Cheongcheon-dong, Incheon, while under the influence of alcohol of 0.105% in the blood, while driving the said vehicle at a speed of about 20km from the Cheongcheon-dong, along three-lanes, according to three-lanes of speed.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and did not avoid stopping for the waiting signal of the victim C(29) who was driven before the driving while under the influence of alcohol while it is difficult for the Defendant to drive the vehicle in a normal condition, and received the rear part of the victim’s vehicle in front of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as salt and tension in need of treatment for about two weeks.

2. On November 13, 2015, the Defendant is under the influence of alcohol with a blood alcohol content of about 10.105% from the 10km away from the road front of the Incheon Citizens Funeral Funeral Funeral Service to the front of the Bupyeong-gu funeral distance of about 287, in a direction of about 10km without a vehicle driver’s license, and around 22:30 on November 13, 2015, in a direction of about 10km from the road front of the Incheon Citizens Funeral Funeral Service to the front of the Bupyeong-gu funeral distance.

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