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(영문) 인천지방법원 부천지원 2015.04.15 2015고단69
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

1. On December 5, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from DD Driving) driven three-lane roads in front of the Cmaart in Kimpo-si, Kimpo-si, with a blood alcohol level of 0.204% under the influence of alcohol level of 0.204%.

At the time, there is an intersection where signal, etc. is installed at night and at the front, there was a duty of care to prevent accidents in advance by reducing speed and driving a signal in good manner to those engaged in driving of a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and drive without keeping the front door well, and left to the left in the direction of the right by the negligence of driving in contravention of the signal, and by the negligence of driving the Felon vehicle of the victim E (38 years old) driving, which is going to the left in accordance with the new code, was received by the Defendant’s driver in front of the right side of the car of the Defendant.

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 to the victim, such as salt, tensions, etc. in need of treatment for about three weeks.

2. On October 13, 2006, the Defendant received a summary order of KRW 2 million from Seoul Southern District Court to a fine for a violation of the Road Traffic Act (driving). On May 1, 2013, the Seoul Southern District Court received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving).

On December 5, 2014, around 03:30 on December 5, 2014, the Defendant driven a DNA haloga car under the influence of alcohol concentration of about 21km from around 04:30m to the long-term distance road located in Kimpo-si, Gangseo-gu, Seoul.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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