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(영문) 인천지방법원 2019.08.28 2019고단4857

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

Criminal facts

On October 19, 2007, the Defendant was issued a summary order of KRW 700,000 by a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on April 25, 201, the Defendant was sentenced to a suspended sentence of KRW 2 years by imprisonment for a violation of the Road Traffic Act (driving) at the Incheon District Court on April 25, 201, and a fine of KRW 7 million by a fine at the Incheon District Court on March 31, 2014.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B franchise;

On June 26, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.128% around 20:30 on June 26, 2019, and proceeded ahead of the exit road of 1,000,000 square meters away from the boundary of sand market distance.

At the same time, since the passage of vehicles is frequent, there was a duty of care to see the front side and maintain the proper distance with the vehicle in front and to prevent the accident by operating the brakes in the timely manner.

The Defendant, while under the influence of alcohol, proceeds in a limited manner while neglecting this, received the back portion of the E-si waiting waiting in front of the Defendant’s running direction from the victim D (26 years old), a passenger, and received the front portion of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc., by driving the car for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) in the direction of alcohol 0.128% under the influence of alcohol in the section of about 1km from the F, which is located in the Namdong-gu Incheon Metropolitan City, Incheon, to the road in front of the 181 South Dong-gu, Incheon, Namdong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer with respect to C and D.