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(영문) 대구지방법원김천지원 2020.08.20 2020고단587

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

The defendant is a person who is engaged in driving a K7 car.

1. Around 06:20 on January 11, 2020, the Defendant violated the law by violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving) was driving the said car under the influence of alcohol level of 0.107% at a speed of about 63 km in the direction of a erode distance from the surface of the transmission distance.

At night, the signal of the front bank intersection was changed to red, and thus, the driver had a duty of care to reduce speed and to prevent accidents in advance by accurately manipulating the steering gear and the brake system by ascertaining whether there is any person driving the motor vehicle with a view to driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant got the victim D (ma, 69 years old) who was crossing on the left-hand side due to negligence that failed to properly operate the brake system while neglecting this, and had it go beyond the floor.

After all, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and caused the death of the victim by a multiple long-term driving on the same day.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol level of about 0.107% from the 2km section from the front of the E market at the time of the Gu-U.S. Si to the front road of the above C apartment at the time, such as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on the occurrence of a traffic accident, on-site photographs, actual condition survey reports and photographs, analysis records of traffic accidents, and detailed statement of processing reports 12;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to dead bodies and emergency medical services areas;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes for which the relevant criminal facts are selected.