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(영문) 청주지방법원 2014.12.03 2013고단1271

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

On May 19, 2013, the Defendant, at around 06:30, driven a motor vehicle from Chump with the influence of alcohol level 0.171%, making it difficult for the Defendant to drive the motor vehicle normally due to the influence of alcohol leveling at 0.171% of blood alcohol level, led to the Defendant’s driving of the motor vehicle from Chump at a speed that does not know from the north Korean University to the south-do.

At the time, the driver of the motor vehicle had a duty of care to prevent the accident by reducing the speed and operating the steering system and the steering system accurately. The driver of the motor vehicle had a duty of care to prevent the accident in advance.

The Defendant, by negligence, neglected to do so while driving as it is while under the influence of alcohol, caused the instant Aburged car to be burged into a burg, and invaded the central line, and shocked the part of the victim D(52 years old) driving along one lane in the opposite direction of the Defendant’s running of the said road into the front part of the said Aburged car.

At around 16:19 on May 19, 2013, the Defendant: (a) by occupational negligence, caused the death of the victim FF (36 years of age) who was on the back seat of the Defendant’s driver’s vehicle; (b) on May 19, 2013, the victim G (36 years of age) who was on the same part of the back seat of the vehicle; and (c) on May 17:5, 2013, the victim G (36 years of age) who was on the same part of the Defendant’s driver’s vehicle died due to serious brain damage, etc. at the Cheongnam University Hospital located in the Cheongnam University Hospital located in the Cheongdong-gu, Chungcheongnam-gu, Seoul; and (d) on May 19, 2013, the victim H (33 years of age) who was on the top of the said vehicle with approximately 6 weeks of medical treatment; and (d) suffered the victim H (333 years of age), such injury as catum fum

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to I, J and D;

1. A statement prepared by H;

1. A traffic accident report (1), (2) a de facto survey report, a photograph;

1. Each death certificate and each medical certificate;

1. Application of the statutes on response to requests for appraisal;

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