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(영문) 인천지방법원 부천지원 2020.02.06 2019고단3554
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed 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 engaged in driving B.

On September 28, 2019, at around 22:20 on September 28, 2019, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.190%, made the Defendant turn to the left from the lower part of the intersection of the Chuncheon doctor distance of 210, Seocheon-ro, Seocheon-ro, Seocheon-do to the lower part of the basin from the comprehensive playground.

Since the place was a road to turn to the left two-lane, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle from driving a motor vehicle while normal driving is difficult due to influence of drinking, and operating a motor vehicle in a safe manner by accurately reporting the traffic situation and operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and went to the left while making it difficult to drive a car normally due to influence of drinking, and brought to the left in the same direction at the same two-lane by negligence toward the right direction, and brought to the left at the same direction, the lower part of the driving seat of the DK5 car driven by the victim C (IS, who is aged 61) was the front part of the Defendant’s car operation.

The Defendant suffered from the injury of fluoral salt, etc., which requires approximately three weeks of treatment by occupational negligence, to the victim.

2. Violation of the Road Traffic Act (driving) the Defendant driven a B B driver’s vehicle while under the influence of alcohol with approximately 0.190% of alcohol concentration on the 2km section from the front of restaurant F in the city of Bupyeong-si to the place of accident described in paragraph 1.

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. Notification of the control of drinking driving;

1. Investigation report (verification of black stay images);

1. A medical certificate;

1. Photographs related to each accident;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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