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(영문) 인천지방법원 부천지원 2019.01.17 2018고단2497
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles B.

On March 18, 2018, at around 04:51, the Defendant driven the said car while under the influence of alcohol 0.174% of alcohol level, and led the Defendant to drive the said car on the side of the 18.5km-do Gyeongcheon-si Highway with the road front of the 18.5km-do Gyeongcheon-do Gyeong-do Gyeong-do Gyeongcheon-do Gyeong-do.

At the same time, in the two-lanes of the above road, the victim C (the age of 30) is driving, and thus, the driver is obliged to accurately operate the steering system, brakes, and other devices of the vehicle and to safely drive the vehicle according to the road traffic situation and the structure and performance of the vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and proceeded in the same manner as above due to the negligence of the Defendant’s negligence while driving in the same manner, and led the Defendant to the front part of the Defendant’s driver’s car, thereby allowing the Defendant to take a central separation unit.

Ultimately, the Defendant suffered damage and personal injury from the injury of the victim due to the above occupational negligence for about four weeks.

2. On the same date as paragraph (1) of this Article, the Defendant was under the influence of alcohol 0.174% by blood alcohol level, and the Defendant was driving a B Sti-type car at a section of about 10 kilometers from the front day of the “F” road in the E basin in Incheon Dong-gu, Incheon to the front road of the 18.5km-si Gyeongcheon-si Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. Records of the measurement of measuring instruments for drinking;

1. Subdivision 1.

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