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(영문) 서울중앙지방법원 2019.08.09 2019고단1136

특정범죄가중처벌등에관한법률위반(위험운전치사)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

At around 00:50 on February 12, 2019, the Defendant driven a motor vehicle B rocketing while under the influence of alcohol concentration in 00:50, and was driving the front road of Gangnam-gu Seoul Metropolitan Government along the speed of about 50 km from the center of mass telephone station to the center of the two-lanes at a speed of about 50 km between the two-lanes, the Defendant was negligent in driving the front line in the direction of the front line from one to two-lane straight lines without a prior signal, and caused the victim D (Nam, 69 years old) driving on the same side as the Defendant, while driving the front part of the road of Gangnam-gu Seoul Metropolitan City along the speed of about 50 km along the center of the two-lane.

At around 07:10 of the same day, the Defendant caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala in Yongsan-gu

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the suspect examination protocol of the accused by the prosecution (the defendant's statement concerning the drinking time and drinking quantity);

1. Each legal statement of the witness H, I, and J;

1. A report on the occurrence of actual conditions and a traffic accident;

1. Protocol of inspection;

1. Application of the CD’s video and each photographic image statute;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [Application of the sentencing guidelines] : Traffic crime sentencing factors - Special aggravation factors: Driving under the influence of alcohol and driving under the influence of the bereaved family - general mitigation factors: Decision on sentence for sentence for 8 months - 2 years (basic area): The defendant caused a traffic accident under the influence of the duty of care after drinking, and caused the death of the victim.