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(영문) 춘천지방법원 강릉지원 2017.10.12 2017고단679
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with C bid in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 11, 2017, the Defendant driven the said car in the direction of the border in the burging hole, under the influence of alcohol level of 0.134% under the influence of the roads adjacent to the intersection of the monthly transmission line, at around 05:0 of Gangseo-si, Gangnam-si, the Defendant was under the influence of alcohol level of 0.134% during blood, walking, and burging with snow, etc.

The Defendant, while under the influence of alcohol, was driven in excess of approximately 94K/h speed, and was negligent by entering the said intersection at a speed above the median line, and was driven by Defendant D(72)’s driving, which was proceeding along the revolving intersection from the front line of the said vehicle by the victim D(72). The Defendant received the right-hand entrance of QM3 car from the front line of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which is difficult to drive normally, resulting in the death of the victim, such as brain dypume and dypume at the Gangseo-si Hospital located in the Gangseo-si Sungcheon-si on May 5, 2017.

2. Defendant 1 driven a vehicle under the influence of alcohol level of about 0.134% from the 3Km section of the blood, from the 65-ray road in the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are favorable for the reasons for sentencing.

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