beta
(영문) 의정부지방법원 고양지원 2016.10.21 2016고합87

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 engaged in driving a C-A-Id

At around 01:20 on May 4, 2016, the Defendant driven the foregoing vehicle while drinking alcohol and drinking alcohol concentration of 0.111%, and driven at a speed of 63.2 km per hour at a speed of 63.2 km from the main basin to the main remote distance of New Seoul shopping.

In this case, a person engaged in driving service has a duty of care to safely drive a vehicle in accordance with the new subparagraph and to prevent the accident by driving the vehicle in a clear mind.

Nevertheless, the Defendant neglected this and proceeded without reducing speed even though the electric-road signal was a stop signal in violation of the signal while under the influence of alcohol, and the victim E (the age of 49) who was standing on the left side of the road driving in the direction of the vehicle driving by the Defendant, was shocked from the right side of the road driving to the front side of the vehicle driving by the said Defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as driving a motor vehicle in a state where normal driving is difficult due to influence of drinking.

2. Violation of the Road Traffic Act (LA) the Defendant driven the said CAW-W-W-W-W-W-W-C-W-W-W-W-W-C-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, a traffic accident occurrence report, and on-site photographs;

1. Photographss by cutting a motor vehicle boom image;

1. A report on detection of a host driver;

1. The reply to the request for appraisal; and