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(영문) 인천지방법원 부천지원 2020.06.30 2020고단1316

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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. On March 12, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BSS5 car with a blood alcohol concentration of 0.116% and proceeded to a speed of about 30 km from the distance of the Maol City, Seocheon-si to the 598-lane two-lane road.

The place is an intersection with a non-protective left-hand turn, and as a DNA rocketing car driven by the victim C (year 36) in accordance with the green straight line, it is necessary to prevent accidents by changing the vehicle line to one lane safely and accurately operating the steering gear and making a left-hand turn.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to turn to the left at the two-lanes as they are, thereby having received the front door of the said rocketing car from the Defendant.

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 to the victim, such as cerebral wave which requires treatment for about three weeks.

2. On March 12, 2020, the Defendant driving a BM5 vehicle while under the influence of alcohol with approximately 0.116% alcohol level from the section of about 20 meters from the road where it is impossible to know at around 23:10 on March 12, 202.

Summary of Evidence

1. Defendant's legal statement;

1. C Application of the police statement, traffic accident inspection report, actual situation investigation report, the statement of the status of the drinking driver, investigation report on the accident site report, diagnosis report, and CCTV video CD-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (1) of the Road Traffic Act, the choice of imprisonment for a crime shall be made.