(영문) 서울북부지방법원 2018.01.25 2017고단5232

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(영문) 서울북부지방법원 2018.01.25 2017고단5232

특정범죄가중처벌등에관한법률위반(위험운전치사)등

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a two-wheeled vehicle C. 321cc.

On October 9, 2017, the Defendant was under the influence of approximately 0.138% of alcohol concentration on the 5-lane, Nowon-gu, Seoul Special Metropolitan City, 04:33, the Defendant was driving the two-lane from the 5-lane to the said two-wheeled vehicle with approximately 0.138% alcohol concentration in blood, and driving approximately 5 kilometers on the said two-laned vehicle with approximately 849 kilometers in Dobong-gu, Seoul, Seoul and about 114.8 kilometers in speed from the eth of Nowon-gu to the upper intersection.

At the time, there was a new wall so that the view was not good, and there was a speed limit of 60 kilometers per hour on the left-hand side, so there was a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brakes well in a safe way.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and proceeded with a limited speed exceeding 50 kilometers, and the Defendant's two-wheeled the instant two-wheeled vehicle driving on the right side of the road, which led to the collision between the two-wheeled vehicle and the two-wheeled vehicle, and caused the collision to fall off on the right side of the road.

As a result, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, and caused the victim to die, such as low-blood shock, etc. during treatment in Nowon-gu, Seoul Special Metropolitan City, the same 1342 on October 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, on-site photographs, a statement report on the situation of the driver of the main driver, a report on detection of the driver of the main driver, a record of measurement of drinking, a death certificate, and a report on inspection;

1. Application of the Act and subordinate statutes to the investigation report (the application of the above dmark);

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) and Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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