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(영문) 인천지방법원 2019.08.29 2019고단4772
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BP motor vehicle.

On June 14, 2019, at around 14:05, the Defendant driven the said car while under the influence of alcohol of 0.209%, and led to the intersection of the said car in front of the Seoul Southern-gu C Apartment-dong, Incheon to the Fside from the E-section.

At that time, since the passage of a vehicle is frequent, there was a duty of care to observe the central line to ensure that those engaged in driving duties do not interfere with the passage of other ditches, and to operate the brake system in a timely manner.

Defendant, while under the influence of alcohol, has neglected to do so and is making a right-hand bypass.

The front part of the HH car driven by the victim G (the age of 43) who was in the atmosphere to the signal signal in front of the crosswalk was placed in front of the Defendant's car.

Ultimately, the Defendant driven the said car under the influence of alcohol that is difficult to drive normally due to the said influence of alcohol, and suffered injury such as knee, knee and tension in need of treatment for about two weeks due to occupational negligence to the victim G, and knee and tension in the specific part of the unknown part, and injury to the victim I (n, 8 years old) who took advantage of the victim G’s car in the mountain-facing car.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, while under the influence of alcohol 0.209% of blood alcohol concentration, the Defendant driven the BP motor vehicle from the front of a restaurant on the influence of the trade name in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon to the front of the C apartment of the Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Response to the request for appraisal;

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

1. Criminal facts;

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