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(영문) 인천지방법원 2015.04.29 2014고단9212
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 1, 2012, the Defendant was sentenced to four months of imprisonment by the Incheon District Court for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on September 30, 2012.

The defendant is a person who is engaged in driving a Crane car.

On October 22, 2014, at around 01:19, the Defendant, without a driver’s license, driven the above vehicle with a blood alcohol concentration of 0.212% without a driver’s license, which was difficult to drive normally and without a mandatory insurance policy. On October 22, 2014, the Defendant driven the two-lane road in the south-gu Incheon Metropolitan City D, along a one-lane distance from the bank’s privacy distance.

At the same time, given that the F rocketing car of the victim E (the 49-year-old driver) was a stop in the atmosphere of the signal, there was a duty of care to reduce speed and secure a safe distance by properly examining the situation.

Nevertheless, the Defendant neglected to drive the vehicle in the vicinity of the Defendant by taking the back rocketing car with the front gateer of the Defendant’s vehicle. As the said rocketing car was pushed in the future, the Defendant would have the rear gateer of the said rocketing car of the victim G(28 years old).

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the above E, such as brain salvine in detail as to which treatment for about two weeks is required, and injury to the pertinent G, such as salvine in need of treatment for about two weeks, and injury to the victim I(27 years old) who is the passenger of the said Lart car, suffered from the injury, such as salvine in need of treatment for about two weeks.

Summary of Evidence

1. Statement of the accused in the first trial record;

1. Each police statement made to I, G, and E;

1. A fact-finding survey report and a report on detection of a host driver;

1. Registers of driver's licenses and mandatory insurance;

1. Each written diagnosis;

1. Previous convictions in its ruling: Criminal history records, reference reports (A), investigation reports (related to the previous records), and the current status of individual identification and confinement shall be applied to the Acts and subordinate statutes.

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