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(영문) 대전지방법원 천안지원 2013.05.16 2013고단311
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:00 on February 3, 2013, the Defendant driven a B K5 vehicle while under the influence of alcohol content of about 0.180% at a 4km section in front of the NAP road located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to the roads located in the new Dong-gu, Dong-gu.

2. The Defendant is a driver of the vehicle B K5 vehicle under the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 3, 2013, the Defendant driven the said car under the influence of alcohol of 0.180% with blood alcohol concentration around 04:00, and was proceeding in front of the tent tunnel, which is located in the new Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Yananan-gu.

At the time, it is night and place a Y J-type road. In such a case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as by accurately manipulating the steering direction, brakes, etc., while living well on the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant did not avoid the structure of a reed road which was in the bed bank and received as the front section of the car, and led the car to be returned to the road.

In the end, the Defendant caused the death of the two parts at the site due to the damage of the two parts at the site by negligence, which caused the death of the victim C (the age of 25) who was accompanied by a car driving in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. A corpse of corpse;

1. The application of Acts and subordinate statutes of the written appraisal of blood alcohol concentration;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes) concerning criminal facts and the driving under the influence of alcohol under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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