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(영문) 전주지방법원 2014.12.05 2014고단1917
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On September 30, 2014, the Defendant driven the above cargo vehicle while under the influence of 0.272% around 19:35 on September 30, 2014, and proceeded one-lane road with the wall frame in the side of Kim Jong-si.

At night and at the front of the defendant's driving direction, the victim D(n, 70 years old) is walking along the road adjacent to the lane. In such a case, the defendant engaged in driving duty has a duty of care to immediately stop driving, and to prevent accidents by accurately manipulating the front and rear left, if it is inevitable to drive the vehicle.

Nevertheless, the Defendant neglected this and caused the death of the victim due to cardiopulmonary stop at Kim Jong-si, Kim Jong-si, 45-gil, where he was receiving the victim's body part from the front right side of the above vehicle due to negligence while driving the vehicle in a situation where normal driving is difficult due to the foregoing negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A traffic accident site;

1. The body of a deceased person, photograph of a deceased person and written result of autopsy;

1. A report on whether to drive any dangerous motor vehicle;

1. Notification of drinking control results;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. The reason for sentencing among concurrent offenders is that the defendant is driving in a state of full exploitation. The reason for sentencing is that the defendant has been driving in a state of imprisonment. The reason for sentencing is that the defendant has been driving in a state of full exploitation.

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