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(영문) 전주지방법원 2017.02.14 2016고단2147
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of C knife vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the Road Traffic Act.

On October 3, 2016, the Defendant driven the above vehicle while under the influence of 0.104% alcohol during blood in around 21:28, while driving the vehicle at around 0.104%, and runs the front road of 1381-6 bend in the front of the Jinanan-gun, Jinan-gun, Jinan-gun, in accordance with the speed of 80 km from the west-gun to the Jinan-gun, the Defendant had a duty of care to prevent accidents in advance by thoroughly manipulating the front direction and accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant did not discover the warning engine of the victim D(87) driving in the front bank due to negligence while driving the vehicle, and received the rear part of the warning engine in front of the right side of the above car.

Ultimately, the Defendant caused the death of the victim due to the negligence of driving under the influence of alcohol while normal driving due to the influence of alcohol, which caused the death of the victim due to the damage of multiple trauma in the treatment of the previous North Korean University Hospital on October 4, 2016, 20:40, the 20th Jin-gu Seoul Special Metropolitan City.

2. The Defendant violated the Road Traffic Act, even though he/she holds a driver’s license with a condition attached to drive an automatic transmission device at the same time and place as paragraph (1), in violation of this provision, driving the foregoing car with a manual transmission device installed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and circumstantial report (whether dangerous driving is permitted);

1. Each investigation report (in relation to entry of a violation of the conditions of driving license, relating to the calculation of speed by the skid mark of the vehicle under consideration, relating to the field of light luminous ray);

1. A death certificate;

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