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(영문) 인천지방법원 2018.09.12 2018고단5408
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On June 19, 2007, the defendant was issued a summary order of 1.5 million won or more for a crime of violating the Road Traffic Act by the Incheon District Court, and on July 16, 2007, a summary order of 3 million won or more for the same crime by the same court.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a B QM6 car.

On June 27, 2018, the Defendant driven the above QM6 car with a alcohol content of 0.127% in blood around 00:26, while under the influence of alcohol, and led to the passage of the front road of the 1st apartment of Yeonsu-gu Incheon Metropolitan City poppy-ro 206, a poppy-ro 206, from the side of the plaza of women.

The Defendant’s negligence in the course of driving while under the influence of alcohol caused the Defendant’s driving of the victim C(S, 51 years old) who stops in the traffic signal waiting at the front of the running of the Defendant’s vehicle and the Defendant’s driver’s vehicle behind the Defendant’s vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered from the victim and the victim E (59 years old), respectively, the victim and the damaged passenger E (59 years old), for two weeks of health care.

2. Although the Defendant was punished for driving under the influence of alcohol twice or more, the Defendant driven the said QM6 vehicle under the influence of alcohol with approximately 0.127% alcohol concentration in the 1km section from the vicinity of the Yeonsu-gu Incheon Metropolitan City Rool-dong to the front road of the first apartment house of the 206 Taepyeong-gu Incheon Metropolitan City at the time of the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of the occurrence of E traffic accidents;

1. Reporting on the occurrence of a traffic accident, a report on the actual condition of the accident, and taking photographs of the accident place and accident vehicle;

1. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;

1. Each written diagnosis and written estimate;

1. A reply to inquiries, such as criminal history, and a report of investigation (Attachment to the same type of judgment) shall be applied by the Act and subordinate statutes.

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