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(영문) 광주지방법원 장흥지원 2014.08.21 2014고단44

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

The defendant is a person who is engaged in driving a CNF station or other car.

On January 31, 2014, at around 04:15, the Defendant driven the said car with a blood alcohol concentration of 0.192% 0.192%, and driven the road in front of the Gangseo-gun of Gangwon-gun, Gangwon-do, Gangwon-do, which is located in the Gangnam-gu, Gangwon-do.

At the time, it is difficult to secure a view at night. In such a case, there was a duty of care to prevent accidents, such as making a person engaged in driving of a motor vehicle well sees the right and the right and the right of the motor vehicle, and accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant neglected to drive the vehicle under the influence of alcohol while it is difficult to drive the vehicle normally due to the influence of alcohol and caused the loss of the vehicle by negligence, and caused the utility model installed on the left side of the driving direction to the side part of the vehicle above.

Ultimately, at around 05:01 on the same day, the Defendant died of the victim D (the age of 27) who was accompanied by the said car due to the above occupational negligence from the Gangwon-gun, Gangnam-gu, Jinjin-gun, Jinjin-gun, due to cerebral cerebral cerebralop.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written appraisal of blood alcohol concentration;

1. A death diagnosis certificate (D);

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act (within the scope of the sum of the long-term punishments);

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations] general traffic accident types II (traffic accident death, etc.) and the basic area ( August to January to June) (special mitigation) (the person under special mitigation) shall recover from the damage caused by non-criminal punishment.