beta
(영문) 인천지방법원 부천지원 2020.04.07 2019고단4606

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

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 Balasat 2.0 TDI motor vehicles.

On November 16, 2019, at around 21:25, the Defendant driven the said car while under the influence of alcohol 0.246% of blood alcohol level, and runs the two-lane road front of the Kimpo-si Kimpo-si into the C hotel room at the seat of the Kimpo-si Police Station.

The turn to the left at the front distance of the hotel.

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 has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop in an intersection due to negligence going beyond the center line, and brought the part of the victim D (In this case, 32 years old) driving in the direction of the right-hand part of the car of the Defendant driving to the upper right-hand part of the car of the Defendant driving.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

2. On the same date as stated in paragraph 1 of this Article, the Defendant was driving a Basatat 2.0 TDI car in a state of alcohol alcohol concentration of approximately 0.246% from the F Underground Parking Lot in Kimpo-si to the third distance before Kimpo-si in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. Report on the actual condition, report on the statement of the state of a drinking driver, and report on the control of drinking driving;

1. Application of accident site photographs and diagnostic reports (D)-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.