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(영문) 대전지방법원 서산지원 2014.04.04 2013고단499

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

At around 23:40 on May 13, 2013, the Defendant driven the said car at a three-distance intersection in front of the mountain station located in the Seosan-Eup, Seosan-si, Seosan-si, and driven the said car toward the erori distance from the front side of the name of the land.

At the time, at night and at the front of the road, there was an intersection, so in such cases, there was a duty of care to maintain the physical condition of normal driving and safely proceed to prevent accidents by observing the speed limit depending on the designated intersection.

Nevertheless, under the influence of alcohol concentration 0.162% under the influence of alcohol, the Defendant proceeded at a speed exceeding 121 km per hour at a speed exceeding 80 km per hour, which is a restricted speed of the said car, and went away from the road due to the negligence of leaving the road, and received the front part of the said car, and received two-lanes on the wall of the closed building adjacent to the said gas station due to its shock.

The Defendant’s occupational negligence caused the death of the victim C(the age of 47) who was on board the Defendant’s car at the scene of cerebral blood, etc. under two frameworks, and caused the death of the victim D(the age of 41) who was another passenger to the hospital by means of credit tension tensions, credit tensions, cerebral typosiss, and two frameworks. The victim E(the age of 41) who was on board the Defendant’s car at the time of the above occupational negligence caused the death while carrying the victim D(the age of 41) to the hospital. The victim E(the age of 41) was suffering from the injury

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. A statement of H and E;

1. A written autopsy report, a written autopsy report, and a medical certificate for each body;

1. The actual condition survey report;

1. Written appraisal of blood alcohol concentration and written report on the main driver's identity;

1. An analysis letter of Road Traffic Authority;

1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;

1. Criminal facts;