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(영문) 인천지방법원 2020.10.14 2020고단6628

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

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 engaging in driving a motor vehicle B.

At around 23:30 on July 10, 2020, the Defendant driven the said car while under the influence of alcohol with 0.209% of alcohol concentration, and turned the front side road of Yeonsu-gu Incheon Metropolitan City into the direction of E from D to E.

At the time, since it is night and a place where the operation of a vehicle is frequent, a person engaged in driving of a motor vehicle has a duty of care to confirm the safety of the course and to accurately operate the steering and steering system by checking the front and rear left well.

Nevertheless, the Defendant neglected to drive the NAS car in such a state that it is difficult for the Defendant to drive the NAS car normally due to influence of drinking, and caused the Plaintiff’s negligence on the left side of the NAS car in the same direction as that of the NAS car in the left side of the NAS car.

Ultimately, the Defendant suffered, by its occupational negligence, the injury of the victim F, the victim H (the 33 years old), the victim I (the 57 years old), and the victim J (the 48 years old), respectively, for approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said negative car over a section of about 100 meters, while under the influence of alcohol concentration (0.209%) at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of, and a statement in the circumstances of, an alien, and an investigation report of the alien (report on the circumstances of the alien);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (3) of the Road Traffic Act concerning the crime committed.