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(영문) 대구지방법원 서부지원 2018.08.08 2017고단2979

특정범죄가중처벌등에관한법률위반(위험운전치사)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2017, the Defendant, while under the influence of alcohol 0.124% during blood transfusions, driven a three-lane road in front of the student culture center located in Daegu Seo-gu, Seogu, pursuant to 181.3-lanes in the direction of the four-lane in the direction of the four-lane radius of clothes gambling.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and flabed with electric poles located on a road in the same place as the front part of the foregoing vehicle.

At around 03:20 on June 20, 2017, the Defendant: (a) caused the death of the victim D (22 tax) accompanied by the said car due to the foregoing occupational negligence; (b) on the other hand, the Daegu-gu University Hospital, located in the 2nd Park Nam-gu, Daegu-gu, Seoul-gu, Seoul-gu, where the treatment of the said car was conducted; and (c) caused the death of the victim E (21 years old) who was accompanied by the said car, to the left-hand majority of the executives in need of approximately seven weeks’ treatment.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, resulting in the death of the victim D, and suffered injury to E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A traffic accident report, a report on actual condition investigation, and a report on investigation as to whether to drive any danger;

1. A statement of alcohol alcohol or a report on the detection of a primary driver during blood transfusion (the result of blood collection);

1. Application of Acts and subordinate statutes to death certificates and diagnostic certificates;

1. The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime: Provided, That Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.