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(영문) 인천지방법원 2020.01.29 2019고단8480
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On October 12, 2019, at around 20:50 on October 20, 2019, the Defendant driven a business Category B motor vehicle while under the influence of 0.130% of blood alcohol concentration on the Seoul Outer Circulation Expressway located in Bupyeong-gu Incheon Metropolitan City, and driven the motor vehicle into the airball area from the water level and the water level.

At the time, the Defendant was in difficult condition to drive normally due to the influence of drinking, such as red and irregular distance, under the influence of alcohol, when the blood alcohol concentration was 0.130%.

Nevertheless, the defendant, at the above date and place, was unable to drive a car normally due to the influence of alcohol as above, while driving the above Track vehicle, he was temporarily stopped due to the vehicle located on the front side of the victim C (Seoul, 43 years old) driving Di30 vehicle, which was driven by the victim C (Seoul, 41 years old), followed the above Track part by the front driver of the above Track vehicle, and the above i30 vehicle was pushed down in the front part of the Back vehicle, and the above 130 vehicle was driven by the victim E (Seoul, 26 years old) driving 3 after the 130 vehicle and the above i30 vehicle driving on the front part of the i30 vehicle, and the "MG" in the indictment seems to be written as a clerical error in the indictment.

The victim J(J, 27 years old) who was on board the above K3 car suffered injury such as salt, tension, etc. in each of the two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Violation of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime: Violation of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

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