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(영문) 대전지방법원 논산지원 2020.06.23 2020고단177
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

1. Around 23:50 on March 8, 2020, the Defendant was driving a E-to-purd vehicle under the influence of alcohol with a blood alcohol concentration of approximately 0.140% in the section of about 14km from March 8, 2020 to D, 14km in the direction of about 14km from the C-to-be parking lot located in Seosan-si B via the street near the pent-ri in Seosan-si, Seosan-si.

2. 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 a motor vehicle E sod;

On March 9, 2020, the Defendant driven the said car under the influence of alcohol of 0.140% with a blood alcohol concentration of 0.140% on March 9, 2020, and proceeded the front road of D in front of the Seosan City at the speed of about 104 km from the offside of volcanic intersection to the offside of the Seosan City.

At the time, the Defendant was in difficult condition to drive normally due to the influence of drinking, and there was a duty of care to safely drive the steering gear by complying with the speed limit and accurately manipulating the steering gear, since there is a point where the speed limit is 30km per hour.

Nevertheless, under the influence of alcohol, the Defendant neglected to pay a limited speed exceeding 74 km and had the day set up on the right side of the proceeding direction by negligence, which is set up on the right side of the said car, pass through the said car.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol which is difficult to drive normally, caused the death of the Victim F (F, 24 years of age) who was on the back right side of the said motor vehicle (F, i.e., the body damage from the seat to the lower right side of the said motor vehicle, and suffered injury, such as the salt of the shoulder gate, personal damage, etc., which requires approximately four weeks of medical treatment to the victim G (F, South, 19 years of age) who was on the back side of the left side.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, H, and I.

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