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(영문) 대전지방법원 천안지원 2015.02.12 2014고단1479
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Defendant,

1. On October 26, 2014, while under the influence of alcohol 05:08, DK3 motor vehicles were driven in the shape of alcohol 0.162%, and the four lanes in front of the Non Party Residents' Center located in the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si were driven at about 70 km per hour depending on three lanes from the galsian department store room in the sports complex. The Defendant, who is engaged in driving at night, was negligent in driving the motor vehicle on the right-hand side while he was unable to drive the motor vehicle normally due to the influence of alcohol as above, and caused the death of the victim E (the victim aged 44) on the front side of the above motor vehicle at the sports site, causing damage to the victim on the part of the vehicle at the night.

2. At the same time, the said car was driven from a sports complex parking lot located in the same Gu Yandong to the front road of the said Non-resident center while under the influence of alcohol 0.162% in blood alcohol level as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement related to F and G;

1. Application of the Act and subordinate statutes to the survey report on actual condition, field photographs, report on detection of a drinking driver, report on the actual condition of a drinking driver, copy of the usage register of a drinking measuring instrument, variable photographs, boom image, survey photographs on the scene of the accident, and the body autopsy report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the scope of punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes shall be the sum of the maximum term of the crimes above and the punishment provided for in the Act on the Aggravated Punishment, etc.

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