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(영문) 인천지방법원 부천지원 2020.05.27 2019고단4391
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for one year and six months 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 (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B SP car.

On November 14, 2019, around 00:11, the Defendant proceeded at approximately 60 km in the speed of 32 telephone stations in the middle direction from the middle direction to the middle direction.

Since the location was a remote distance in which a signal, etc. is installed, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of drinking, and there was a duty of care to safely drive a motor vehicle according to the traffic signal.

Nevertheless, the Defendant neglected this and neglected to pay attention to the fluoral signal, which was driven by the victim C (the 61-year-old) under the new code in the left-hand side of the Defendant’s fluoral signal, and was driven by the victim C (the 61-year-old) in front of the seat of the driver’s seat of the spke car.

Ultimately, the Defendant suffered injury to the said C, such as a scarcity, due to the above occupational negligence, on the part of the victim E (the aged 35) who was seated in a taxi for about 3 weeks, and suffered injury, such as salt dynasium in need of treatment for about 2 weeks.

2. Around 00:10 on November 14, 2019, the Defendant driven a B SP car under the influence of alcohol with a blood alcohol content of 0.110% from the 6km section of approximately 6km until the telephone station located in 32 in the same city-interest-ro, 32 in the same city-scoping road.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of a survey report on actual condition and the control of drinking driving;

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

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020; hereinafter the same) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

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