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(영문) 인천지방법원 2019.05.29 2019고단2393
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. Around 12:30 March 30, 2019, the Defendant driven a Cchip car with a level of alcohol alcohol concentration of about 0.128% from the 5km section of approximately 5km from the roads near Yeonsu-gu, Yeonsu-gu, Incheon Metropolitan City to the roads in Nam-gu, Incheon.

2. 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 franchise;

At around 12:30 on March 30, 2019, the Defendant driven the said car while under the influence of alcohol with 0.128% of alcohol level 0.128%, and led to the flow of the said car from the private distance of art and high schools to the private distance of viewing field B in Nam-gu Incheon Metropolitan City.

At the time, a driver of a motor vehicle had a duty of care to see the front side, maintain an appropriate interval with the front and to prevent accidents by operating the brake system in a timely manner.

The Defendant, while under the influence of alcohol, neglected to do so, received the back portion of the E SP car of the D Driving in front of the Defendant’s car due to the Defendant’s occupational negligence, and had the victim F (ma, 65 years old) driving prior to the driving of the F (ma, 65 years old) under the influence of the vehicle in front.

As above, the Defendant, while driving the said car in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim F, such as salt and tensions in need of approximately two weeks of medical treatment, and the victim H, who is a taxi passenger of the said G franchise, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. The circumstantial statement, investigation report, and report on detection of the drinking driver;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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