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(영문) 의정부지방법원 2016.02.03 2015고단4247
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaged in the operation of Drocketing motor vehicles.

On August 1, 2015, the Defendant, among the 19:13 Mancheon-si, driven the alcohol concentration of 0.130% in blood on the street in front of the new shares 190 Dondon 190, with the flow of 0.130% in the middle of the blood on the surface of the water at the surface of the water at the window, and driven the said rocketing-to-land volume according to one-lane in the middle of the one-lane.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to ensure the safe operation of steering gear and brakes by keeping the center line accurately.

Nevertheless, the defendant is under the influence of alcohol so that he had been under the influence of normal driving.

E In order to overtake a third-party car, the driver was at the center line and proceeded to the left-hand side of the road to overtake the third-party car, and was at the right-hand side from the opposite side to the opposite side.

The front part of the FM is conflict with the front part of the FMM, and the shocking part of the FMM, which led to the collision with the front part of the FMM, for which the said string vehicle was to be overtaken by the Defendant beyond the median line.

Accordingly, the Defendant, by occupational negligence, neglected the above duty of care as above, caused the death of the victim G (the 52 years old), a passenger of the said string of the car at around August 1, 2015 (the 20:56 years old), to the victim G (the 52 years old), a passenger of the said string of the car at the medical center in Gyeonggi-do, 1648, a 1648-ro, and caused the death of the victim H (the 58 years old), who is a driver of the said string of the vehicle, to undergo approximately 4 weeks of medical treatment, such as the mouth of the wring of the wring to the victim I (the 55 years old), who is the driver of the said string of the said string of the vehicle, to undergo approximately 8 weeks of medical treatment, and caused the injury of the other walth of the walth of the string to the victim I (the 55 years old).

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