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(영문) 인천지방법원 2019.09.25 2019고단3200
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

On November 26, 2009, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Incheon District Court, and on August 30, 2017, the Defendant was sentenced to a fine of KRW 6 million by the Seoul East District Court for a violation of the Road Traffic Act.

1. Around March 26, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at least twice, despite the power of violating the provision on prohibition of driving under the influence of alcohol, the Defendant driven a B-cr-type cruise car under the influence of alcohol at least 0.132% without obtaining a driver’s license in the section of about 10km from the roads near the Newcheon-dong Culture Distance in Sincheon-gu, Incheon Metropolitan City to the front of the 447 large-scale bamboo death distance.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving B cruise automobiles

On March 26, 2019, at around 01:02, the Defendant driven the said car with a blood alcohol concentration of 0.132% 0.132%, and led the Defendant to drive the said car along the three-lane of five lanes from the surface of the forest shooting distance to the area of training Dong-dong, Incheon.

At that time, since the passage of a vehicle is frequent, there was a duty of care to see the front door and to prevent accidents by manipulating the brake system in a timely manner.

Nevertheless, the defendant is under the influence of alcohol and continues to proceed with it.

The back part of the victim C (ma, 57 years old) driving which was driven on the front part of the said car was received as the front part of the said car due to occupational negligence that failed to properly operate the operation system.

Ultimately, the Defendant driving the said car in a situation where normal driving is difficult due to the above influence of drinking, and inflicted injury on the victim C, such as salt, tension, etc. in need of treatment for about two weeks.

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