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(영문) 인천지방법원 2020.07.22 2020고단3474
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

[Criminal Power] On December 10, 2009, the Defendant received a summary order of a fine of one million won from the Incheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On April 11, 2020, under the influence of alcohol 0.138% on blood alcohol level, the Defendant driven the above Aburged vehicle with the above Aburged vehicle under the influence of alcohol level 0.138% on Apr. 11, 2020, and turned the road under the 2nd bridge to the salary property in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, with the speed of about 10km to the speed of 10km from the c apartment bank,

Since there is a U.S. section, there was a duty of care to safely drive a motor vehicle, such as preventing accidents by driving the motor vehicle at the time of the vehicle that accurately handles and fluorizes the steering direction, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant was under the influence of alcohol in an inaccurate manner, and the Defendant was negligent in driving while driving in a situation where it is difficult to drive in a normal manner, such as a remote distance, and the part of the victim D (the age of 48) who was driving along one lane from the surface of the sprink in the sprink in the sprink in the direction of the operation of the sprink in front of the steering seat of the sprink in which he was driven by the victim D (the age of 48).

As a result, the Defendant suffered, by negligence, the injury to the victim D, such as salt ties and tensions that require three weeks of medical treatment, and the injury to the victim F (V, 49 years of age) that requires two weeks of medical treatment to the passenger of the damaged vehicle, respectively.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle under the influence of alcohol 0.138% in the section of about 2km from the date and time boundary specified in paragraph (1) of this Article, from the school distance of blue school in Yeonsu-gu Incheon Metropolitan City to the place of accident specified in paragraph (1) of this Article.

In this respect.

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