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(영문) 전주지방법원 2017.05.23 2016고단2408

특정범죄가중처벌등에관한법률위반(위험운전치사)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On September 30, 2016, the Defendant driven the said car under the influence of alcohol level of 0.117% among blood transfusions on September 20, 2016, and driven the said car at a speed of 40 kilometers a speed of 40 kilometers per hour among the four-lanes in the mouth of the former city at the front of the Gu, while driving the said car at a speed of 0.17%. The Defendant had a duty of care to prevent accidents in advance by driving the said car at a speed of 0.17%.

Nevertheless, under the influence of alcohol, the Defendant did not find out the victim E (the age of 56) crossing the road from the right side of the running direction of the said vehicle to the left side, and did not cause the victim to go beyond the road by strongly shocking the front side of the said vehicle.

Defendant 2 driven under the influence of alcohol, which caused the death of the victim E, due to the long-term damage to the diversity of the transmission to the North Korean University Hospital, located in the 20th Jin-gu Seoul Special Metropolitan City on September 30, 2016, on September 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. Reporting on the occurrence of a traffic accident;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. A written appraisal of autopsy;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: A person who has been punished against the Defendant shall have reached an agreement with the injured party and the vehicles are covered by a comprehensive insurance.