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(영문) 인천지방법원 2019.03.20 2019고단227
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving cars BM3

On December 12, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.209% 0.209% around 16:15 on December 12, 2018, and driven the three-lane road in front of the Kimpo Reserve Forces training site located in 884, Seo-gu Incheon, Seo-gu, Incheon, along with three-lanes in the direction of D apartment direction from Cmiddle to D apartment direction.

A person engaged in driving of a vehicle has a duty of care to ensure safety distance, to take into account the right and the right and the right and the right and the right of the vehicle, and to operate the steering and the system accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and divided the speech and behavior, and the walking without properly looking at the front door while the walking is in a remote distance, and by negligence, the back part of the victim E(51) driver’s vehicle in the front door, which was in the signal atmosphere, was taken into account as part of the Defendant’s driver’s driver’s M3 front driver’s driving.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks.

2. On December 12, 2018, the Defendant: (a) driven a BM3 vehicle while under the influence of alcohol with approximately KRW 1 k-m alcohol concentration of 0.209% from the front of the Gyeonggi Kimpo apartment to the front road of the Kimpo Reserve Forces training site located in 884, Seo-gu, Incheon, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of statutes on site map and photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) and the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18

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