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(영문) 인천지방법원 2016.08.10 2016고단2912
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

[criminal history] On August 21, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court on August 21, 201, and on November 7, 2007, the Defendant was sentenced to a summary order of KRW 1 million for the same crime in the same court and was sentenced to a summary order of KRW 1 million for the same crime on at least two occasions.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a B Poter II cargo vehicle.

On May 6, 2016, the Defendant driven the above cargo while under the influence of alcohol content 0.164% among blood transfusion 20:00, and led the Defendant to drive the above cargo with three-lane roads in front of the South East East-gu Incheon Southern-gu, Incheon, along the three-lanes from the three-lane bank surface at the entrance of the national bank.

At the time, the Defendant: (a) driven the above cargo while making it difficult for the Defendant to drive the vehicle normally due to influence of drinking such as a remote distance; (b) took the back part of the victim C (the 47-year-old driver); (c) was in the front part of the above cargo vehicle, and was in need of approximately 2-day medical treatment for the victim C; and (d) was in the victim E (the 10-year-old driver), a victim E (the 10-year-old driver), who was waiting for the above vehicle, was in need of approximately 2-day medical treatment; and (e) took the victim E (the 10-year-old driver), who was waiting for the above vehicle, was in need of approximately 3-day medical treatment; and (e) took part of the victim F (the 12-year-old driver, the 12-year-old driver’s chill and tension in need of a warning for about 3-day medical treatment.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. The Defendant violating the Road Traffic Act (driving) shall be the freight stated in paragraph (1) while under the influence of alcohol for about 0.164% of alcohol concentration from the section of approximately 1.5km from the place where it is impossible to know at the time of the day specified in paragraph (1) to the place indicated in paragraph (1) 1.

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