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(영문) 창원지방법원 진주지원 2016.07.12 2016고단481
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

1. On May 9, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a c bargaining car on or around 22:45, and led the two-lane road in front of a public terminal in the South-west Sea South-west, South-west, South-west, South and North Korea, along with the two-lane road in front of the public terminal at the speed of the Si/Gun health center of the South-west, along the boundary of the relevant gynasium.

The defendant shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents by safely driving the motor vehicle, such as making a good living of the traffic situation, accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.101% in blood, was fluored with a little string and influoring, was driving a car in a state where it is difficult to drive the car normally, such as a shocking and face color, and led the victim D (23 ) who is a pedestrian at the direction of the Defendant’s driving, was a pedestrian at the front left side of the said car, and proceeded without facing the Defendant’s driving. The Defendant, by negligence, led the victim’s her her her her her her her her her her her her her part, etc.

The Defendant, due to the foregoing occupational negligence, caused the injury of brain internal species, etc. to the victim, and caused the death of brain injury at the Gyeong-si University Hospital located in Jinju, Gangnam-ro 79 on May 11, 2016, which was behind the mold.

2. On May 9, 2016, the Defendant: (a) violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license); (b) driven a Clearning car while under the influence of alcohol of about 0.101% without obtaining a driver’s license from a 2km section in front of a public terminal in the south Sea and South Sea; and (c) on May 9, 2016, the Defendant driven a Clearning car while under the influence of alcohol of about 0.101%, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and the driver’s license register for motor vehicles;

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