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(영문) 서울남부지방법원 2015.10.06 2015고단3342
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles B;

On June 12, 2015, the Defendant driven the said car while under the influence of alcohol 0.134% of blood alcohol level around 04:38, and driven the said car at a speed of about 73 km/h in the direction of large forest path from the surface of the digital airspace of Yeongdeungpo-gu Seoul Metropolitan City along the two-lanes.

At the time, since the road is at night and the road is slick due to the influence of the accident, a person engaged in driving service has a duty of care to reduce the speed of the person engaged in driving service, to properly see the right and the right and the right and the right and the right and the right and the right and the right and to accurately

Nevertheless, when the defendant neglected to drive normally under the influence of alcohol while driving normally due to the influence of alcohol, he received the right side part of the victim C(52 years of age) crossing the road to the right side from the left side of the marina course direction.

Ultimately, at around 05:05 on the same day, the Defendant caused the victim's death due to such occupational negligence, namely, cerebral cerebral cerebral tymosis at the Korea University Medical Center Hospital located in Guro-gu Seoul Metropolitan Government, Guro-gu (148).

2. The Defendant was under the influence of alcohol level of 0.134% at the above temporary border, and was driving the said vehicle from around about 4 km from the front day of the Plaintiff, Dongjak-gu, Seoul Metropolitan Government, to the Han-ro 1 Intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement made to D and E;

1. Reports on traffic accidents, photographs related to traffic accidents, and comprehensive analysis and replies on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Criminal facts;

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