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(영문) 청주지방법원 영동지원 2015.10.07 2015고합13

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) is a person engaged in driving a D Poter freight;

On June 30, 2015, the Defendant, while under the influence of alcohol on 0.240% of blood alcohol level around 21:20%, driven the above Poter truck and proceeded at a speed of about 60 km in the speed of the city with a distance of 30 km from the length of liquidation at the south of the Yancheon-gun, Chungcheongnamcheon-gun.

At that time, the Defendant neglected his/her duty of care in the front direction while the Defendant was under the influence of alcohol with red and in a state where his/her ability to determine the normal distance is significantly deteriorated, and instead failed to discover the warning engine of the victim E (the age of 57) driving in front of the Defendant’s direction, and received the rear part of the driver’s driving in front of the cargo vehicle of the Defendant’s driving.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim E to die in the same place. At the same time, the Defendant suffered injury to the victim F (F, 12 years of age) who was on the same f, which requires approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said breath vehicle under the influence of alcohol at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents and reports on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a copy of the autopsy report (E) and a copy of the diagnosis report (F);

1. Article applicable to criminal facts;

(a) The occupation of death resulting from dangerous driving: The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

(b) Injury caused by dangerous driving: The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(c) Points of drinking: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Trade name;