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(영문) 의정부지방법원 고양지원 2016.08.26 2016고단737
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Around 03:25 on January 15, 201, the Defendant driven a D-owned car under the influence of alcohol concentration of about 0.106% at a section of about 12km from the 324-9-9 (Seoul Mapo-gu, Seoul, to the front side of the Gangseo-gu, Seoyang-gu, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, the Defendant was under the influence of alcohol concentration of about 12km.

2. Around 03:25 on January 15, 201, the Defendant, while under the influence of alcohol, driven the said fluorial car as in the foregoing paragraph (1) and led the Defendant to drive the road in front of the river fluoral road located in the Gangseo-gu Gangseo-gu Gyeongyang-gu Gyeongyang-si, Yangyang-si, at a non-fluoral speed (on the road located in the same lane with the center line) at the intersection of the river from the IC bank to the intersection of the road at the non-fluent speed.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and by accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in driving while driving in the previous week while neglecting the previous week, and the victim E(45) was under the influence of the driver’s car.

Defendant 1 driven the said car under the influence of normal operation as above, and caused the death of the victim G (31) who is a passenger of the said E and the said member’s car, immediately, due to the injury of external wounds from the said job.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Each body of a corpse;

1. Application of Acts and subordinate statutes to a report on investigation, scene of accident, photograph of a vehicle, or photograph of a place where the vehicle under way is found;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The aggravated Criminal Act for concurrent crimes.

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