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(영문) 춘천지방법원 강릉지원 2017.09.20 2017고단634
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On March 16, 2017, the Defendant: (a) driven a DNA blick-ri vehicle under the influence of alcohol leveling 0.181% from the 2km section from around 7:0 to around 3:0 of Gangnam-si, Gangnam-si, the lower court, around 01:50, while under the influence of alcohol leveling 0.181% from around 2km to the front road of Gangnam-si, Gangnam-si.

2. The Defendant is a person who drives a DNA bluri vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. resulting from D Bluri vehicle).

Defendant 1, as indicated in the above 1. Paragraph 1. At the time of the day, was drunk, fluened, fluored, fluored, fluored, and walking, was difficult to drive normally, and the damaged Party E ( South, 33 years old) was on the steering line, driving the said vehicle on the steering line, leading the front road of Gangnam-si to the intersection of the Dongin Hospital.

Defendant 1 was parked at the right edge of the running direction of Defendant 1’s vehicle by negligence while under the influence of alcohol.

F The lower part of the left-hand part of the vehicle of the F Unman bus was shocked by the Defendant’s passenger car operation chief, resulting in the Defendant’s death at the site of the accident at around 01:56 on March 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a traffic accident report, traffic accident report, on-site photograph, notification of the results of the crackdown on drinking driving, statement of the situation of the driver placed at home, circumstantial report (whether or not a driver is in danger), and

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of long-term punishments) that increases concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Criminal Act;

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