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(영문) 인천지방법원 2020.06.25 2019고단9586

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 driving Benz automobiles;

On September 8, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.110% around 00:40, and proceeded at a speed of 172.8km at the speed of 172.8km from the west-gu Incheon Metropolitan City, Nam-gu.

At that time, there is a limited speed of 60 km and frequent passage of vehicles, and in such cases, there was a duty of care to observe the restricted speed to those engaged in driving duties, maintain the proper interval between the front and the proper distance, and prevent accidents by operating the brake system in a timely manner.

The Defendant, while under the influence of alcohol, was negligent in driving at a speed of 172.8km and was driven by the victim C who was driving at the front of the vehicle by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, resulting in injury to the victim C, such as dump, tension, etc. in need of approximately two weeks of medical treatment, and at the same time, suffered injury to the victim E, who is the passenger of the said Lone Star bus, due to approximately six weeks of medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant in a state of alcohol alcohol level of about 1 km from the front of the Bupyeong-gu Incheon Bupyeong-dong, Bupyeong-gu, Incheon to the roads located in the Nam-gu, Nam-gu, Incheon. to the 20,000 would have been under the influence of alcohol level of 0.110%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

1. Each written diagnosis;

1. Investigation report (report on the circumstances and report on the results of speed assessment of the driver concerned);

1. A report on the occurrence of a traffic accident, a traffic accident report, and an investigation report;