(영문) 대전지방법원 2018.09.07 2018고단1780

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(영문) 대전지방법원 2018.09.07 2018고단1780

특정범죄가중처벌등에관한법률위반(위험운전치사)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. On March 14, 2018, the Defendant driving a Dok-type car under the influence of alcohol content of about 55 km from a section of approximately 55 km to the point where the direction of the passage on an expressway is located on the side of the 15:21 of the same month from a restaurant in which the trade name in the north-gun-gun is unknown at around 22:30 on March 14, 2018.

2. On March 15, 2018, around 00:21, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. resulting from Dangerous Driving) led to the two-lanes of the two-lanes of the two-lanes in the direction of the passage of the expressway on the side of the Chungcheong-gun, Geumsan-gun under the influence of alcohol, as described in paragraph (1) of the said Article, from Daejeon.

At the time, the Defendant was going ahead of the same direction.

Since it was followed by the FF truck, a driver engaged in driving service has a duty of care to prevent accidents by thoroughly examining the situation and by thoroughly holding the front time.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the operation system and received the back portion of the said cargo vehicle as is in front of the said vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and caused the death of the victim G(32) who was on board the said car due to the internal heat from the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, notification of the results of regulating drinking driving, and application of Acts and subordinate statutes to dead bodies;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of death or injury resulting from dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking alcohol and the choice of imprisonment) concerning the crime;

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

1. Article 62(1) of the Criminal Act 1.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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