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(영문) 인천지방법원 부천지원 2018.12.18 2018고단2788

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Brane car.

On February 2, 2018, the Defendant driven the above car at around 17:00, and proceeded with the two lanes in front of Kimpo-si, Kimpo-si, the two lanes in front of Kimpo-si.

Since this is a residential area, and there is a crosswalk in which signal lights are installed on the front side, the driver of the motor vehicle has a duty of care to check whether there is a person driving the motor vehicle to reduce the speed and to see well the front side, and to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, while under the influence of alcohol level 0.116%, the Defendant neglected this, and had already changed to a vehicle stop signal, and a considerable time has passed since it was changed to the vehicle stop signal, the Defendant did not stop in front of the crosswalk and proceeded as it is, according to the new location of pedestrians, and the victim E (11 years old) who opened the crosswalk from the right side to the left side of the crosswalk was shocked to the front end of the above vehicle, and suffered injury to the victim, such as the treatment days of the therapy, the blood transfusion, and the f week treatment for the treatment days.

2. On February 2, 2018, the Defendant driving a chip vehicle at the 50km section of the blood alcohol level at around 0.116% from the 50km section of the city apartment of Kimpo-si to the road front of the 17:00 on the same day from the influence in Sinpo-si, Sinpo-si, Sinpo-si on February 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Response to a request for appraisal;

1. Each written diagnosis;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of driving under influence of alcohol);

1. Selection of penalty;