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(영문) 광주지방법원 2013.03.14 2013고단260

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 4, 2012, at around 15:04, the Defendant driven a Bol-do car under the influence of alcohol of 0.157% with a view to normal driving due to the influence of alcohol, and proceeded at approximately 77 km per hour on the side of the intersection of the East-gun Sinsung-gun, the flow of the Bol-do car in front of the East-gun, the Donsung-gun, a two-lane, at the parallel parallel parallel parallel to the parallel of Sung-Eup.

Since there is a place where separation has been installed, there was a duty of care for those engaged in driving of a motor vehicle to live well in the front door and to safely drive the motor vehicle by keeping the lane.

Nevertheless, under the influence of alcohol, the Defendant entered the opposite lane from the winter Scular street to the opposite lane by negligence while neglecting this, and driven approximately 80 meters, and then fell into a scong field below 5 meters on the left side of the road.

Ultimately, the Defendant, at around 17:40 on the same day, killed the victim C (the age of 73) boarding the said passenger car due to the injury to two parts of the high wave at the hospital in the Yeong-gun-gun-gun-gun-gun (the age of 78), the victim E (the age of 78) at the F Hospital in the Gwangju Mine-gu (the age of 77) where treatment was performed at around 18:17 on the same day, and the victim G (the age of 77) at around 03:54 on the following day.

Summary of Evidence

1. Defendant's legal statement;

1. Each death diagnosis report and each postmortem report;

1. The actual condition survey report;

1. Casual photographs and black stuff photographs;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of Acts and subordinate statutes stating the status of investigation (178 pages);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;