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(영문) 창원지방법원 2015.01.27 2014고단3033
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by D Driving) (the Defendant is a person engaged in the driving of a car at the horse set forth in C, and on September 15, 2014, the Defendant driven the said car as his duties while under the influence of alcohol with a blood alcohol concentration of 0.187% on September 22 and 25, 2014, driving the said car on a two-lane road in front of E in D in Kimhae-si

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant is under the influence of alcohol so that it is difficult for him to drive the vehicle normally.

In the front section of the passenger car of the victim F(36 years old) driving, GS5 car of the victim F(36 years old) was stopped for the signal waiting, but did not find it and did not go through balk and proceeded at the speed without going through balk, and the part of the front part of the car of the bale letter was received as the front part of the car of the said e-car

Ultimately, on September 21, 2014, the Defendant caused the Victim F to die from the above occupational negligence with severe cerebral cerebral cerebral cerebral cerebralopty in Samsung Changwon Hospital.

2. The Defendant was under the influence of alcohol concentration of 0.187% at the above temporary border, and the Defendant driven a car with the above horse 10km level from the frequency of the so-called so-called so-called so-called so-called so-called so-called a car at the time of Jin-gu in Jin-gu to the above accident location.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report, a traffic accident actual investigation report, photographs of the scene of the accident, and photographs related to the accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the Acts and subordinate statutes concerning death certificate or photographs of the deceased;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act shall apply to the relevant criminal facts, the selection of punishment, and the selection of punishment;

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