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(영문) 서울북부지방법원 2016.06.21 2016고단1640
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a k5 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk).

On February 17, 2016, the Defendant driven the said car under the influence of alcohol content of 0.165% among blood transfusions on 0.21:45%, and driven the front road of Taecheon-ro 681, Seoul Special Metropolitan City, Nowon-gu, with the chill bank located in 681, the 3-lanes between the 3-lanes.

At the time, it is night and its location is installed with the center line of yellow solid lines, so a person engaged in driving service has a duty of care to thoroughly operate the front-round city and to safely operate the tea.

Nevertheless, under the influence of alcohol, while driving a motor vehicle in a state where normal driving is difficult due to the negligence of the central line, the driving of the victim E(53 years old) was driven along one lane due to the negligence of the central line, and the front portion of the F bargaining Motor Vehicle was received as the front portion of the Defendant's driving motor vehicle.

Ultimately, the Defendant driven a car in a situation where normal driving is difficult due to the influence of drinking, and caused the death of the victim from the same place to a multiple trauma.

2. Defendant 1 was under the influence of alcohol level of 0.165% in blood at the same time and at the same place as above, Defendant 2 driven Dk5 cars at the section of about 20km from the front of the fourth restaurant in Dongdaemun-gu Seoul, Nowon-gu to the Taenam-ro 681, Seoul Special Metropolitan City, Nowon-gu, with the alcohol level of 0.165%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents (1) (2) and photographs;

1. A corpse inspection report and a corpse inspection report;

1. (A), each State driver's detection report (A), and the application of laws and regulations to investigation reports (an investigation into the application of the aforementioned dmark formula);

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

1. Selection of penalty;

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