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(영문) 인천지방법원 2020.09.11 2020고단3847
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving a motor vehicle B in the U.S. car.

On April 20, 2020, the Defendant driven the above car on April 19, 2020, and led the two-lanes of the shooting distance in front of the Gansan-dong Administrative Welfare Center in Incheon Bupyeong-gu along the two-lanes according to C elementary school.

At the same time, there was a vehicle under stop in accordance with the new subparagraph, and thus, there was a duty of care to prevent the accident by reducing the speed and maintaining the safety distance with the vehicle on the front side.

Nevertheless, the Defendant neglected to conduct a stop signal while driving normally due to influence of drinking, such as blood alcohol concentration of 0.158%, such as red, fluoring, walking, etc., while under the influence of alcohol, and failed to confirm the stop signal without accurately operating the brake system, and received the behind part of the E-child car driven by the victim D (the age of 46) who was stopped at the front part of the said vehicle under the stop signals at the front part of the said vehicle due to negligence.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks.

2. On the date and time set forth in paragraph (1) of the Road Traffic Act, the Defendant driven the said B B typ car while under the influence of alcohol leveling of about 0.158% from the 1km section to the place set forth in Paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. The pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Addenda of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Criminal Crimes.

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