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(영문) 창원지방법원 마산지원 2013.08.20 2013고단276
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving CRay Motor Vehicles;

On March 9, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.206% 0.206% around 22:10 on March 9, 2013, and led the Defendant to drive the said car at a speed of about 60 km from the ero-ray signal belt to the ero-mail signal belt at the speed of 3-lane in front of the city of Changwon-si.

At the time, there was a night and a person near the above road, and thus, there was a duty of care to operate the steering system accurately and safely.

Nevertheless, the defendant neglected to do so and found the victim D (year 42) late later from the right side of the road to the center separation zone on the left side of the road, and shocked the part of the victim's body as the front part of the defendant's vehicle.

Ultimately, the Defendant caused the above victim's death by occupational negligence to cerebral cerebral cerebral tymosis in the workplace.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.206% from the 10km section of approximately 10km to the roads front of the packing mix in the Changwon-si, Changwon-si, Busan-si, Busan-si, and the front of the said Gan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, and a report on actual condition investigation;

1. Report on detection of each drinking driver, report on the circumstances of the drinking driver, and report on the request for appraisal;

1. A corpse of corpse;

1. A photograph of a person changing the on-site accident vehicle;

1. Application of Acts and subordinate statutes to the investigation report (as to the circumstances of sound driving);

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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