(영문) 전주지방법원 2016.06.07 2016고단198

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(영문) 전주지방법원 2016.06.07 2016고단198

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 13, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Jeonju District Court on September 13, 2012, and a summary order of KRW 4 million for the same crime in the same court on July 22, 2014, respectively.

[Criminal facts]

1. On November 13, 2015, the Defendant was driving a CKastar under the influence of alcohol leveling 0.109% from the 1km section from around the Defendant’s house located in Kim Jong-si, Kim Jong-si, to the front side of the front road of the entire knife, with a view to alcohol leveling from around 1km to about 0.109%.

2. The Defendant is a person who is engaged in driving a car in the following cases: (a) the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

At around 17:00 on November 13, 2015, the Defendant driven the above maid vehicle with alcohol level of 0.109% while driving from the blood while Kim Jong-si, Kim Jong-si to the intersection, and was driving on the front of the maid village in front of the maid in front of the front and rear maid, in the situation where it is difficult to drive normally due to drinking, due to the influence of drinking, and was negligent in not sufficiently acceleratingd from the front and rear maid section, and turned off the vehicle to the right edge of the road, and cut down the maid structure to the right side of the road (breadth: 1.9m, depth: 1.5m).

As a result, the Defendant caused the above occupational negligence and caused the death of the victim D (M, 71 years old) who was the mother of the defendant who was on board the above van, in the emergency room of Kim Jong-si in the fourth-si Kim Jong-si in around 17:15 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. Statement report on the situation of the driver at each driving school, report on the detection of the driver at each driving school, and register of the user of drinking instruments;

1. A death certificate;

1. Judgment.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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