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(영문) 인천지방법원 2019.06.21 2019고단2352
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 10:45, 2019, the Defendant driven B K5 vehicle while under the influence of alcohol at a section of about 10km from around 10km to around 748, Nam-gu, Incheon, Gyeyang-gu, Incheon, with a blood alcohol concentration of 0.122%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B K5 automobiles.

On April 6, 2019, at around 10:45, the Defendant driven the said car while under the influence of alcohol of 0.122%, and led to the flow of the 748 parallel ginseng distance at the border of the Nam-gu Incheon Metropolitan City along two lanes.

At the same time, since it is a four-lane road where the traffic of vehicles is frequent, a driver of a motor vehicle has a duty of care to see the front side, observe the bus lines, and operate the brake accurately and safely.

The Defendant, while under the influence of alcohol, did not see the victim C&5 car operated by the victim C(W, 50 years old) with a single lane due to the occupational negligence while driving as it is, and did not pluck the hand to the left side, received the front part of the victim car in front of the right side of the passenger car of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury such as salt, tension, etc. by driving the car for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement in the circumstances of an employee;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report the occurrence of traffic accidents, the actual condition of traffic accidents, the inspection report, the photographs of the accident site and shock levels, and the circumstances of driving under the driving under the influence

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts as well as Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

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