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(영문) 인천지방법원 2018.04.06 2017고단9550
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a car in the C SP area.

1. On November 28, 2017, the Defendant driving the said vehicle under the influence of alcohol content of 0.141% in blood at around 00:35 on November 28, 2017, and led the front road of 287 Han-gu, Incheon, Bupyeong-gu, to drive the said vehicle under the influence of alcohol content of 0.141%.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant’s negligence of driving a vehicle while under the influence of alcohol, such as in-depth, unfluened, and snow shocking, led to the Defendant’s failure to drive the vehicle at a normal level, which led to the Defendant’s front of the Defendant’s driving direction. The lower part of the E-5 vehicle driven before the Defendant’s driving direction was shocked with the front part of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim, such as salt panions, which requires approximately two weeks of treatment to D, and injury to the victim F (51 tax) such as salt panions, tensions, and tensions that require approximately two weeks of treatment.

2. Around November 28, 2017, the Defendant driven a CSpo-type car under the influence of alcohol of 0.141% from the 2km section from the Cheongcheon-dong CGV road in Bupyeong-gu, Incheon, Incheon to the same Maroro-ro 287.10% from the 2km section to the 287 Hanyang apartment road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A traffic accident investigation report, a statement on the circumstances of the driver involved in the driving, and a report on the detection of the driver involved in the driving;

1. Photographs and accident images;

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