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(영문) 인천지방법원 2020.05.11 2019고단8873
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

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 engaging in driving B Trac

On November 20, 2019, the Defendant driven a car while under the influence of alcohol, which is 0.166% of blood alcohol level around 22:40, and led to the flow of the road No. 552-ro, Nam-gu, Incheon, Nam-gu, Seoul, along the four-lane away from the private distance of art high school to the private distance of the Plaintiff at the art high school.

At that time, since the passage of a vehicle is frequent, the defendant has a duty of care to maintain the proper distance with the vehicle ahead and to prevent the accident by driving the brake system in a timely manner.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (ma, 67 years old) who was driven at the front of the vehicle and was driven by the victim C(ma, 67 years old).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol while under the influence of alcohol the section of approximately 500 meters of blood alcohol concentration of about 0.166% from the roads near the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu, Incheon Metropolitan City, to the roads of approximately 522-ro, 522-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant under Articles 53 and 5(1)3 of the Criminal Act for discretionary mitigation has no power.

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