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(영문) 인천지방법원 2017.11.22 2017고단5824

A defendant shall be punished by imprisonment for three years.

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


Punishment of the crime

1. Around 04:52 on August 1, 2017, the Defendant violated the Road Traffic Act (drinking) driven a EN city car under the influence of alcohol content of 0.079% in blood, and proceeded with a section of about 1km from the Nam-gu Incheon Southern-dong bus hotel parking lot to the front road of the Bupyeong-gu Incheon Metropolitan City Bupyeong-dong bus hotel with a alcohol content of 0.079%.

2. The Defendant is a person who is engaged in driving a motor vehicle in the ENA in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 1, 2017, the Defendant driven the above vehicle under the influence of alcohol, such as paragraph (1) of around 04:52, and proceeded at a speed of about 70 km per hour, depending on two-lanes from the hilling plane to the hilling distance of bricks from the south-gu Incheon Metropolitan City.

At the time, it is a new wall and a place where a signal apparatus is installed, and the surface was sucked, so there was a duty of care to reduce speed as a person engaged in driving of a motor vehicle, to live well on the right and the right of the front side, and to prevent the accident by proceeding in accordance with the new code.

Nevertheless, when the Defendant, while under the influence of alcohol, was negligent in proceeding without reducing the speed in violation of the signal, and the Defendant got the front part of the Defendant’s vehicle to build the crosswalk from the right-hand side of the Defendant’s course to the left-hand side in accordance with the pedestrian safety of the pedestrian G (84 ).

Ultimately, even though the Defendant was negligent in the above occupational negligence, namely, by cutting the body frame from two seats, etc., caused the death of the victim, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. The investigation report (the first telephone conversation of the blind), the investigation report (the distance from the scene, etc.), and the distance from the scene;