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(영문) 의정부지방법원 2015.10.19 2015고단2668
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cgner vehicles.

On July 16, 2015, the Defendant driving the said car under the influence of alcohol level of 0.130% in front of the E-Road D around 22:15 on July 16, 2015, while under the influence of alcohol level of 0.130%.

In this case, the driver of the vehicle has a duty of care to prevent accidents by reducing the speed and accurately operating steering devices and brakes, and driving the center right part of the road.

Nevertheless, the defendant neglected this and failed to properly operate the steering gear and brakes, which was driven by the injured party F (50 years of age) who was under the influence of the central line due to the negligence of frighting the steering gear and brakes, was driven by G Triri City 125 years of age, which was driven by the injured party.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the death of the victim F due to multiple trauma, etc. at the Gancheon-ro Hospital of Gyeonggi-do, 1648 at 22:45 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Legal statement of the witness H;

1. Reports on the occurrence of traffic accidents, on-site driving limits, reports on the proper launch of drinking drivers, reports on the state of drinking drivers, and reviews on the results of the control of drinking driving;

1. The actual survey report and photographs of each field;

1. Application of Acts and subordinate statutes to the photographs and written diagnosis of deceased persons;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning the crime;

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

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