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(영문) 창원지방법원 통영지원 2018.11.09 2018고단1083
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 9, 2018, the Defendant: (a) driven a motor vehicle with D low alcohol concentration of about 10km from a waterside park parking lot located in the Sinpo-dong at the time of drinking on July 9, 2018 to the front road of the same Sinpo middle school located in about 10km in the same Sinpo-dong; (b) the Defendant driven a motor vehicle under the influence of alcohol concentration of about 0.104%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death resulting from Dangerous Driving) driven the said vehicle at the time and place specified in paragraph 1, while under the influence of alcohol of 0.104% in blood, and driven the said vehicle at the same time and place, along the two-lane distance from the schill distance from the schill distance of the scular road to the schill distance.

At the time, it was night and rained, and there was a road at a speed of 70 km per hour, so there was a duty of care to safely operate the driver of the vehicle by reducing the speed of the vehicle and accurately operating the steering direction and the brakes while living well on the right and the right and the right and the right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, and was negligent in driving at a speed exceeding 20 km a speed of restriction due to the difficulty of driving in normal conditions, such as not being red and sounded, and received a retaining wall for noise prevention on the right side of the Defendant’s proceeding, which was located ahead of the direction of the Defendant’s proceeding.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and caused the death of the victim E, who is the passenger of the Defendant’s vehicle, to the G hospital located in G in the Si F on July 9, 2018 at the same time as the Defendant’s vehicle, due to divers and blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Report on the occurrence of a traffic accident, notification of the results of the crackdown on the driving of drinking, report on the circumstances of the driver in charge, investigation report (report on the circumstances of the driver in charge), report on actual condition, on-site photographs, investigation report (applicable to the suspect's mark).

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