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(영문) 의정부지방법원 고양지원 2015.10.30 2015고단2356

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a rocketing siren car.

On August 22, 2015, at around 04:25, the Defendant was unable to drive the said car normally due to the influence of alcohol that reaches 0.192% of blood alcohol concentration, and the Defendant was driving the said car along the two-lanes between the two-lanes from the south side of the south side of the Jyangyang-gu, Yangyang-gu.

At the time, the Defendant did not discover the victim D(55 years of age) who sent a vehicle control signal for the construction of the asphalt package at the two-lanes prior to the end of the day when the Defendant neglected the operation of the steering gear in front of the front line and the steering gear due to the foregoing taking on the part of the Defendant’s driving without discovering the victim D(55 years of age).

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused the death of the victim due to the injury of the external wound at the F Hospital in Gyeyang-gu, Soyang-gu E around 04:43 on August 22, 2015.

2. On August 22, 2015, the Defendant: (a) driven a rocketing car under the influence of alcohol of 0.192% from the 10km section from the 10km section to the place of accident described in paragraph (1) on the roads of the long-term apartment located in the 3-dong Seoul Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone; (b) around 04:25, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. A traffic accident report, a corpse inspection report, and an inquiry request for appraisal;

1. Investigation report (investigation at the scene of an accident);

1. Application of Acts and subordinate statutes governing accident photographs;

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

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2 and Article 50 (within the scope of the sum of the long-term punishments) of the Criminal Act.