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(영문) 인천지방법원 2014.05.15 2014고단964
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 of the final judgment.

Reasons

Punishment of the crime

On December 24, 2009, the Defendant was issued a summary order of a fine of four million won by a violation of the Road Traffic Act (driving) at the Incheon District Court on December 24, 2009, and a summary order of a fine of 1.5 million won by the same court on June 3, 2008, respectively.

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

At around 23:10 on December 9, 2013, the Defendant, while under the influence of alcohol with blood alcohol content of 0.119%, proceeded from the edge of the Aroma household in Seo-gu Incheon, Seo-gu, Incheon, to the 40km distance of death death on a speed of about 40km.

At the same time, since vehicles were waiting due to drinking control, there was a duty of care to safely drive the driver of the vehicle by properly seeing the front side and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(36 years of age) under the influence of alcohol due to negligence in a state where it is difficult for the Defendant to drive a car normally, and was driven by the victim C(36 years of age) under the influence of alcohol, with the front part of the said TRa car.

Ultimately, the Defendant, through the above occupational negligence, suffered injury to the victim C, such as light oil and scarcity, which requires approximately two weeks of treatment, and injury to the victim E (the 36 years of age) who is a passenger of the above SM5 car, such as light oil and chest scarlet, which requires approximately two weeks of treatment, and injury to the victim F (the 33 years of age) who is a passenger of the above SM5 car, including light oil, etc. requiring approximately two weeks of treatment.

2. On December 23, 2013, the Defendant driven the said Trate in a state of alcohol alcohol of 0.119% from the village mouth near Seo-gu, Seo-gu, Incheon, Seo-gu to the above place. Around December 23, 2013, the Defendant driven the said Trate in a state of alcohol of approximately 2 Km alcohol concentration of blood alcohol.

Summary of Evidence

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