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(영문) 대구지방법원 영덕지원 2014.11.12 2014고단96

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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 of the final judgment.

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 a Dsch Rexroth.

On May 25, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.143% of alcohol concentration of 0.13%, and led the Gun roads in front of the Fmat in Young-gun, Young-gu, Myeong-do to run approximately 20-30km in speed from the lstalian to the ethalian ethm.

It is a place where housing and commercial buildings are concentrated, and where the center line of yellow solid lines is installed, so there was a duty of care to safely operate the driver on the part of the driver and to safely operate the car line.

Nevertheless, under the influence of alcohol, the Defendant, while driving a stroke, failed to live well and stroke the central line by negligence, got the victim's front part of the back side of the Libya where the victim G (Woo, 69 years old) was pushed down on the road, by taking the front part of the Defendant's motor vehicle front part.

As a result, the Defendant was unable to operate normally due to the influence of drinking, resulting in the death of the victim with a scarcity due to the above occupational negligence.

2. Around the time and time set forth in paragraph (1) of this Article, the Defendant was driven by the Doz 1stm section of approximately 3.6 km from the front hole in front of the village developer in Yong-gun, Chungcheongnam-gun to the Doz. 12th of the Fmat in E, at the time of the time set forth in paragraph (1) of this Article, while under the influence of alcohol of about 0.143% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to H and I;

1. A written result of autopsy (record No. 67 pages of investigation records) and a written result of autopsy;

1. A traffic accident report, notification of the results of crackdown on drinking driving, a circumstantial report on drinking drivers, a report on whether to drive any motor vehicle, a report on the occurrence of any traffic accident and suggestion for direction, and a traffic accident;