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(영문) 수원지방법원 2016.08.10 2016고단3435

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 02:06 on May 24, 2016, the Defendant driven an E SP car under the influence of alcohol content of about 0.175% at a section of about 15km from the roads front of the mutual influent main points located in the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Island to the roads front of the Suwon-si Doon Line D.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in driving a motor vehicle E.

Defendant driven the above vehicle while under the influence of alcohol concentration of 0.175% in blood during the above day, and proceeded with approximately 54-64.1 km in speed from the offline of airfield to the long distance distance of three-lanes in Suwon-si, Suwon-si, the two-lane D in front of Suwon-si.

At the time of night, however, the front and the front door of the vehicle was flowed, and the defendant is passing ahead to the right on the ground that the vehicle was driven ahead of it, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the front and left side well.

Nevertheless, under the influence of alcohol, the Defendant got a victim F (F) who was pushed down from the right side of the horse to the left side, and was crossing the road without permission from the Defendant’s vehicle, and caused the victim to die due to a diverssis, etc. within the 119 first-aid vehicle sent to G hospital around 02:26 of the same day.

Accordingly, the defendant driving a vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on detection of the driver at a driving school, report on the circumstances of the driver at a driving school, and output of the measurement of drinking;

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;