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(영문) 광주지방법원 순천지원 2018.08.17 2018고단1071
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle in sealed and third cargo.

On May 9, 2018, the Defendant was under the influence of alcohol concentration of 0.178% during blood transfusions on May 19, 2018, where it is difficult to drive normally, and the Defendant was under the influence of alcohol, and the road without the front signal in E at the time of leisure was driven by a modified shooting range on the surface of the air-private distance protection.

At the time, the location is night, and the crosswalk for pedestrians are installed in the front door, so in such a case, the driver of the motor vehicle has a duty of care to prevent the occurrence of accidents, such as preventing the collision by properly operating the brake system, and to safely drive the motor vehicle, on the other hand, if there is any person who gets a crosswalk, the driver of the motor vehicle has a duty of care.

Nevertheless, the Defendant, due to the fact that the Defendant was under the influence of alcohol and was unable to properly view the front room while making it difficult for the Defendant to drive the crosswalk in a state of difficulty due to the influence of alcohol, and caused the victim to die on the site of the shock on the left side of the victim G (W, 75 years old) who walked on the left side of the crosswalk in the course of the course due to his occupational negligence, without discovering the speed without finding out that the victim fell on the front side of the driving direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A traffic accident report (1) (2) (2)

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. The circumstantial report (whether to drive any danger);

1. A corpse death certificate;

1. Application of road accident scene photographs, autopsy photographs, and photographs to the statutes;

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

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