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(영문) 대구지방법원 김천지원 2014.11.06 2014고단985
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 three 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 DD Driving) is a person engaging in driving a D body-wide car.

On June 2, 2014, at around 07:30, the Defendant continued to drive a road in front of the Doodong Doo-dong Doo-dong in the form of 0.130% alcohol concentration in blood, with a speed of 105 km per hour at a speed of 105 km.

At this point, since the restricted speed is 70 km a speed, a person engaged in driving a motor vehicle has a duty of care to properly see the speed limit and to prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, under the influence of alcohol as above, the driver's negligence of neglecting it and driving the speed exceeding 35 km/h, caused the death of the victim E (the 75-year-old driver's age) who has completed the change of the lane from three lanes to one lane on the front side of the above vehicle as the front side of the above vehicle. The driver's negligence caused the death of the victim due to the increase of two damage caused by the increase of two damage.

As such, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the death of the victim.

2. Around 07:30 on June 2, 2014, the Defendant was driving a D body-man car in the state of alcohol alcohol concentration of about 0.130% from the 3km section from the front of the company ditch cafeteria, which is located in the Gumi-si in the Gumi-si, Gumi-si, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident occurrence report, a report on actual condition, a photograph, a report on the state of his/her driver, a report on the investigation and analysis of the traffic accident, a report on investigation (Attachment to accident images), an accident video CD;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant provisions concerning facts constituting an offense;

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