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(영문) 대전지방법원 서산지원 2019.01.24 2018고단1104

특정범죄가중처벌등에관한법률위반(위험운전치사)등

Text

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

Reasons

Punishment of the crime

1. A person who is engaged in driving a car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the defendant against the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 4, 2018, at around 17:50, the Defendant was under the influence of alcohol with 0.141% of blood alcohol concentration, and thus, the Defendant was under the influence of alcohol to proceed to the direction of an unclaimed terminal at the south of the west-gun, west-gun, west-gun, and 199, in a state where normal driving is difficult.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to reduce the speed before entering the intersection and to take other vehicles into the intersection, and to proceed in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to stop and left the left at the right side of the terminal located on the right side of the Defendant’s vehicle running in the direction of the left-hand turn, was shocked to the front side of the victim C(65 years old), which was left-hand in the direction of the left-hand turn, and caused the victim’s death at the F Hospital located in Seosan-si E on September 4, 2018, and at the same time caused the victim’s G (V, 47 years old), who was on the part of the damaged vehicle, due to low-blood shock, and at the same time, suffered damage or heat of the rain that was open in an open place within the direction of the victim’s vehicle requiring treatment for about four weeks.

2. Around 17:50 on September 4, 2018, the Defendant was under the influence of alcohol at a 0.141% alcohol level, and the Defendant was driving B Costex Cor from the distance near the ginseng dry field located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the distance of south 199 in the south west-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I and G;

1. A written statement prepared by the J concerning traffic accidents;

1. The report on traffic accidents (the actual survey report);