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(영문) 춘천지방법원 영월지원 2013.07.23 2013고단245

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is also a person engaging in driving of cargo cars.

On March 17, 2013, the Defendant driving the above cargo vehicle around 20:10, and driving the Gun road in front of the Jin Chang-gun of Gangwonwon, along with the Gun road in front of the Jin Chang-gun of Gangwon, from the direction of the village to the direction of the intersection.

At the time, the victim D(78 years of age) was coming from the front bank of the defendant at the time, and thus, the defendant engaged in driving service had a duty of care to safely drive the victim and prevent the accident in advance by accurately manipulating the front bank and the left and right, and accurately manipulating the steering and the steering system.

Nevertheless, the Defendant neglected this, while driving the said cargo in a state where it is difficult to drive normally due to the influence of alcohol between 0.112% and 0.12% of the blood alcohol level, while driving the said cargo in a state where it is difficult to drive normally due to the influence of alcohol, and received the victim as the part of the front part of the said cargo due to the occupational negligence that continued without regard to the victim.

After all, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the F Hospital E located in the Gangseo-gu Seoul Special Metropolitan City, where the victim was under the follow-up treatment at around 21:12 of the same day.

2. The Defendant violated the Road Traffic Act (driving) at a distance of about 100 meters from the front of the Kangwon-gun, Seogwon-gun, Seogwon-gun, Seogwon-gun, Seogwon-gun, to the front road of the Jinwon-gun, the Defendant driven the freight specified in paragraph (1) while under the influence of alcohol content of about 0.12% from the 100m section before the Jinwon-gun, Seogwon-gun, Seo

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Each statement of H and I;

1. A death diagnosis report and a written record of autopsy;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the detection of a primary driver, and report on the circumstantial statement of a primary driver;

1.The application of the photographic and dactic Acts and subordinate statutes.