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(영문) 청주지방법원 제천지원 2014.07.03 2014고단195
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On February 23, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.165% 0.165% around 00:45 on February 23, 2014, and led to the two-lane road in front of the Dolcheon Dol-dong, which is in the ancient cities of Yacheon City, along the two-lane way from the edge of the glin apartment.

At that time, the defendant had a duty of care to prevent accidents by thoroughly keeping the front left-way in the night. Therefore, the defendant engaged in driving service had a duty of care to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and did not thoroughly drive the car at the front time while it is difficult for the Defendant to drive the car normally due to influence of drinking, and did not discover the D treatment 25 tons car truck truck truck truck vehicle parked on the two-lane side in the direction of the Defendant driving due to negligence in the course of his duties and did not look at it, and was found to be loaded back of the above freight vehicle in the front part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the death of the victim E (the age of 35) who was on the top of the operation of the Defendant’s driver’s car due to the above occupational negligence, during the treatment of the hospital due to brain side by brain side.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to traffic accident reports, photographs and explanation, the circumstantial report of a master-employed driver, the reference report for appraisal, the report on detection of a master-employed driver, and the death diagnosis report;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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