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(영문) 대구지방법원 경주지원 2016.09.07 2016고단534
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

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

Reasons

Punishment of the crime

1. On July 24, 2016, around 05:25, the Defendant driven a DNA rocketing car under the influence of alcohol with a blood alcohol concentration of 0.148% from the front parking lot of the New Seo-ri community hall at Yangnam-si to the vicinity of the same surface of water.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death) is a person engaging in driving a rocketing car.

The Defendant, while under the influence of alcohol as above, driven the said car and proceeded with the roads adjacent to the Sung-ri, Pyeong-si, both south and South of the race at the time of the racing, from the west side to the sular intersection.

At this point, the road is bend to the left side of the direction of the course, and the victim E (n.e., the 82 years old) is at the right side of the road, so there was a duty of care to prevent accidents in advance by thoroughly operating the steering and steering gear and operating the steering gear accurately.

Nevertheless, the Defendant was driving the said car in a situation where it is difficult to drive the car normally due to the influence of drinking, and the Defendant was the victim with the front part of the right part of the said car.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day by brain damage, which had no open address at the Ulsan National University Hospital located in Ulsan-gu, Ulsan National University Hospital at around 07:13, Ulsan National University Hospital at around 877.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, report on the accident site, photographs of the accident vehicle, report on the situation of the drinking driver, notification on the results of the drinking driving control, death certificate, and application of the Acts and subordinate statutes to each boom video and boom video CD;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Road Traffic Act concerning criminal facts, the choice of punishment, etc.

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