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(영문) 인천지방법원 2013.05.22 2013고단525
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On May 9, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) is a person engaging in driving a D Ecuas car.

On December 9, 2012, the Defendant, while under the influence of alcohol (refluence) around 00:52 on December 9, 2012, operated the said E-building 14 lux road of Seo-gu Incheon, Seo-gu, Incheon, and proceeded at a speed of about 40km from the original dong to the west-dong along four lanes.

Since there is a cross-section where signal lights are installed, there was a duty of care to operate safely by accurately operating the steering direction and brake system by checking well the right and the right of the driver.

Nevertheless, the Defendant was negligent in driving while neglecting the normal driving due to the influence of drinking, and due to the negligence of driving the vehicle in a state where it is difficult for the Defendant to drive the vehicle in a state where it is difficult for the Defendant to do so, and the front and rear part of the G Tart car driven in the same direction three-lanes by the victim F (the age of 44).

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim F, such as salt dynasium in need of treatment for about three days, and the victim H (V, the passenger of the said Tras vehicle) who suffered from the injury, such as salt dynasium in need of treatment for about two weeks.

2. On December 9, 2012, around 00:56, the injured Defendant: (a) found the victim F to have smelled from the Defendant on the front side of the Seo-gu Incheon building, Seo-gu, Incheon, Seo-gu, Incheon; (b) caused a defect in 112 report; and (c) caused the victim to walk the left part of the part of the victim’s back to several times, and caused the victim to sprinke the trees requiring treatment for about 21 days.

3. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant on December 9, 2012 for the same reason as paragraph (2) in the Seo-gu Incheon International District around 01:50.

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