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(영문) 제주지방법원 2014.06.19 2014고단361
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

On January 21, 2014, the Defendant, without obtaining a driver's license at around 02:10 on January 21, 2014, was trying to stop in front of the toilet at the back parking lot of the Kanchie Sports Center at the Kanchie 41 at the Kanchie-ro 0.180% under the influence of alcohol farming.

At the time of night, a person engaged in the driving of motor vehicles has a duty of care to thoroughly operate the steering gear and operation of the steering gear and operation system, and to prevent accidents by driving it in a clean mind without any influence on drinking.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop so as to stop, received the victim D (22 years old) who was placed in front of the toilet entrance in the front of the Defendant’s driver freight vehicle due to the negligence of taking an accelerator other than brack.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, resulting in the death of the victim due to the blood therapy, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to the de facto survey report, report on the circumstantial statement of a de facto driver, report on detection of a de facto driver, register of driver's license, death certificate, and photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. Concurrent concurrence: Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of punishment: Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. Concurrent Crimes.

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