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(영문) 인천지방법원 2016.08.11 2015고단7409
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

On October 31, 2006, the Defendant issued, at the Incheon District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), on February 13, 2007, a summary order of KRW 2.5 million for a fine for the same crime at the same court on February 13, 2007, and on November 18, 2013, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime at the same court on November 18, 2013, and the said judgment became final and conclusive on December 6, 2013.

1. On October 12, 2015, the Defendant, under the influence of alcohol of 0.118% in blood without a driver’s license for a vehicle at around 16:26 on October 16, 2015, operated a vehicle of cwing-III in the condition of under the influence of alcohol of 0.118% in blood, and proceeded with a section of about 4 KK from the front of an Awing apartment in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the front road of a middle school located in 231 (Training-dong), located in the same cause.

2. The defendant is a person who has driven a Cwing and Ⅲ cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Death or Injury caused before the risk).

On October 12, 2015, the Defendant driven the said cargo in a state where normal driving is difficult due to the influence of alcohol that reaches 0.118% of alcohol during blood transfusions, and led to the driving of the said cargo along the one-lane of the training middle school in front of the training middle school in Yeonsu-gu, Incheon, which is located in 231 (Training Dong) as a cause for the cause of Yeonsu-gu, the Defendant driven the two-lane road in front of the training middle school in front of the training middle school in the direction of the distance at the end of the end of the So-gu,

There is a road where signal lights are installed, and there is a vehicle stopping in the signal atmosphere at the front side of the lane run by the defendant at the time, so there was a duty of care to safely operate the driver by accurately manipulating the road situation and operating the steering gear.

Nevertheless, the defendant's negligence of driving a vehicle while neglecting this and caused the above taxi to run without accurately operating the brake system while stopping after Estststuna taxi driven by the victim D (59).

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