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(영문) 대전지방법원 공주지원 2013.08.13 2013고단172

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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. On March 3, 2013, at around 17:51, the Defendant driven a Cschnton car while under the influence of alcohol content of about 500 meters from the road front of the Saemaul Scki in the control of the Namyang-gun, Chungcheongnam-gun to the road front of the Yanyang-gun, Chungcheongnam-gun, the Republic of Korea, at approximately 500 meters away from the 500-meter section, to the 500-day section in front of the Yansan-gun, the Defendant driven the Cschnton car.

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 Csch Rexton car.

On March 3, 2013, the Defendant, while under the influence of alcohol of 0.160% of blood alcohol concentration on March 17:51, 2013, operated the said car and continued to proceed to Cheongyang-gun National Highway No. 29 in front of the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun.

In such cases, the driver has a duty of care to prevent accidents by safely operating the steering system, such as thorough operation of the front hour and accurate operation of the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so, and was in progress in the opposite direction to the traffic of the victim D(the age of 42) who was in the middle line due to the negligent negligence, and received the front part of the vehicle of the Defendant’s driving.

As a result, the Defendant caused the death of the victim due to the shock of the pactact around 12:30 on March 17, 2013 by occupational negligence in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the occupation of driving under the influence of alcohol under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and imprisonment with prison labor;