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(영문) 인천지방법원 부천지원 2020.05.21 2020고단206

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 17, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Branch on December 28, 2007, a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court's Branch on December 28, 2007, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch on May 4, 2016.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving vehicles B and III;

On November 1, 2019, the defendant, around 22:03, passed the front road of Kimpo-si, Kimpo-si, along five-lanes from the high village bank to the long-term bank.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear due to the influence of drinking, and got into four-lanes. The Defendant got into the front part of the Defendant’s vehicle after driving the victim D(A200 years old), which was driven by four-lanes, due to the influence of drinking.

As a result, the Defendant suffered injury to the above victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. On November 22, 2019, the Defendant driven the G parking lot located in F at Kimpo-si from the G parking lot to the front road of Kimpo-si at about 400 meters to a level of about 0.120% of blood alcohol concentration at around 400 meters from the G parking lot in Kimpo-si at Kimpo-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. D. D.