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(영문) 의정부지방법원 고양지원 2016.07.21 2015고단2326
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 April 19, 2015, the Defendant violated the Road Traffic Act (drinking) driving a C observer car under the influence of alcohol concentration of 0.155% on the light underground vehicular road, as long as the Defendant was in the camp at the night at the night of Papju on April 19, 2015.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaged in driving a C-observer car.

At the time of the day set forth in the above paragraph 1, the defendant 1 driven the above vehicle under the influence of alcohol level of 0.15% at the right time of strike, as shown in the above paragraph 1 above, so long as the above vehicle was driven at the night at the right time of strike, the light underground roadway was driven from the gold village to the direction of a mountain.

The location is an underground roadway with a blocking wall that combines the central line, and a driver has a duty of care to prevent accidents by safely driving the vehicle according to his own lane without exceeding the central line from entering the underground roadway.

Nevertheless, while the Defendant neglected to perform his duty of care in the state of being unable to drive normally under the influence of alcohol and was driving along the center line with the opposite lane before entering the underground roadway, the Defendant shocked the victim D(65) driving of the said underground roadway in the direction of the gold village in the front of the said options.

Ultimately, the Defendant driving a vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in death of the victim D due to damage to the external depression at the Indonsan Hospital at the Incheon National University on April 19, 2015. The Defendant suffered injury to the victim F (25 years) who is the passenger of the said taxi vehicle, such as the left-hand one-half week of the 12 weeks of medical treatment.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, it is not possible.

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