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(영문) 인천지방법원 2020.02.05 2019고단9219

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

On January 21, 2010, the Defendant received a summary order of 2.5 million won from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act, and a summary order of 2 million won from the Incheon District Court to a violation of the Road Traffic Act (driving) on October 13, 201, respectively.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving B Intiti Q50 automobiles.

On November 19, 2019, the Defendant driven the above passenger car under the influence of alcohol of 0.14% with blood alcohol concentration around 18:15, and led to the driving of the DPG charging station in front of the DPG charging station in Yangcheon-gu Seoul Metropolitan Government along the five-lanes in the direction of the Kimpo Airport from the surface of the new month distance outflow.

In front of the defendant's running direction at the time, since the Fchip car driven by the victim E (the age of 59) was stopped in the signal atmosphere, there was a duty of care to thoroughly operate the front city and accurately operate the steering and brake system.

Nevertheless, the Defendant neglected to drive a motor vehicle in a state where normal driving is difficult due to influence of drinking and discovered the damaged motor vehicle late at the latest due to negligence, and operated the brake system, but received the rear part of the damaged motor vehicle due to the front part of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as paragraph (1) of this Article, while under the influence of alcohol of about 0.144%, the Defendant driven B Inti Q50 automobiles with a blood alcohol concentration of about 5 km from the front day of the Yangcheon-gu Seoul Fluxon Road to the front day of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement, investigation report (the circumstantial report of the host driver), and the master driver.