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(영문) 인천지방법원 2015.06.25 2015고단509
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On December 28, 2007, the Defendant issued a summary order of KRW 2 million to a fine of KRW 5 million at the Incheon District Court for a crime of violation of the Road Traffic Act, and on April 5, 2012, the same court issued a summary order of KRW 4 million for the same crime.

【Criminal Facts】

The defendant is a person who is engaged in driving the B-learning passenger car.

1. On December 7, 2014, at around 02:25, the Defendant driven the said car under the influence of alcohol of about 0.179% in a section of about three kilometers from the Do in front of the playter in an apartment complex to the ancient city road located in the same Gu-sular road, located in the new East Asia-gu Incheon Nam-ro, Incheon. In short, the Defendant driven the said car under the influence of alcohol of about 178%.

2. From December 7, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) (hereinafter referred to as the “Aggravated Punishment, etc.”) proceeded at a speed that cannot be identified by two-lanes between the four-lane distance in the direction of Incheon Central Tri Road in the direction of Incheon Central Tri Road.

At night, the above place was set at night, and the two-lanes and the two-lanes are linked to each other, and the traffic volume of other vehicles is relatively high, so the person operating such a place was well able to see the front and rear left, and there was a duty of care to prevent traffic accidents by properly operating the steering system and operating the steering system.

Nevertheless, the defendant, as stated in Paragraph 1, was in an inaccurate and broad manner that a speech and behavior occurred under the influence of alcohol, and the walking is deep, and the blood color is difficult to drive normally due to a little red drinking, and the victim C (51 years old) who stops to wait for driving signals on the three-lanes due to the occupational negligence of driving the above vehicle in the situation where normal operation is difficult due to the influence of the above red drinking, received the back side part of the motor vehicle left side of the above motor vehicle and then received the front part of the above driving motor vehicle.

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