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(영문) 인천지방법원 2016.03.30 2016고단151
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 9, 2015, the Defendant was sentenced to four months of imprisonment and one year of suspended execution due to a violation of the Emergency Medical Service Act in the Incheon District Court. The judgment became final and conclusive on January 6, 2016.

1. On December 24, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a B-hand car under the influence of alcohol content of 0.178% during blood transfusion on December 23:16, 2015, and driving a two-lane in front of Seo-gu Incheon City, Seo-gu, Incheon, at a speed of about 30-40km from the home fluor to the home fluor.

In such cases, it is clear that the driver of a motor vehicle is a clerical error in writing in the indictment to make a left-hand turn with a person engaged in driving the motor vehicle well.

There was an occupational duty of care.

Nevertheless, the Defendant neglected this and led the victim D (51) who was driven along three lanes in the front bank due to the negligence of being driven by the Defendant while under the influence of alcohol, and brought the back part of the left side of the Eststuna taxi, which was driven by the victim D (51).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt of the part where it is difficult to treat the victim for about three days.

2. On June 16, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2.5 million from the Incheon District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and on June 27, 2014, the same court issued a summary order of KRW 2 million for the same crime.

On December 24, 2015, at around 23:16, the Defendant driven the said car under the influence of alcohol content of 0.178% from a 1km section from the day before the Home Pluter in Seo-gu, Incheon Metropolitan City to the front left-hand road in the Seo-gu, Seo-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

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