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(영문) 대구지방법원 안동지원 2019.08.12 2019고단144

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The defendant is a person driving a motor vehicle B car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the Act on the Aggravated Punishment,

On October 19, 2018, the Defendant driven the above car on October 16, 2016:35, and was under the influence of 0.109% of blood alcohol concentration, and was under the influence of 0.109% of permanent residence, and was under the influence of tide 568-2 Tri-distance crosssection from permanent residence.

At this point, since one way is a three-lane intersection, a person engaged in driving service has a duty of care to safely pass the intersection by driving along the front and right and the right and the right on the designated lane.

Nevertheless, even though under the influence of alcohol, the Defendant neglected to drive normally, such as string red, stringing, and hinginginginging off the horses, and caused the death of the victim E (82 years old) who was on the part of the victim C(58 years old) driver's front part of the driver's vehicle of the victim C(58 years old) who was in the opposite straight line beyond the intersection, due to negligence beyond the intersection leading line, resulting in the victim C's injury, such as the left-hand thring and the right-hand string of the road where treatment for about 12 weeks is required. On January 9, 2019, the Defendant got the victim E (82 years old) who was on the part of the driver's vehicle of the victim E (the victim E) who was receiving medical treatment at the G Hospital located in Ansan-si at the same time on the 12:13th day

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and inflicted injury on C by driving it, and caused the victim E to die.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the said paragraph (1) while under the influence of alcohol by about 0.109% in the section of about 8 km from the roads adjacent to the Heungdong Civil Athletic Stungdong in a temporary light under the said paragraph (1) to the places under the said paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. H. H.