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(영문) 제주지방법원 2013.07.24 2013고단674
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around 03:12 on May 14, 2013, the Defendant was driving the Cwing Cargo Vehicle at a 100-mniveh parallel road in Jeju-si, Jeju-si, in the influence of alcohol level of 0.167%, while he was under the influence of alcohol level of 0.167% on the same side, and the Defendant was driving the Cwing Cargo Vehicle at the 100-mive parallel parallel road along the two-lanes from the Kim Gyeong-ri side.

At the time, the Defendant had a duty of care to check whether pedestrians, etc. are in a lane that intends to change the course by properly examining the entire course and the left and right of the driver of the motor vehicle, and to change the course safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not look at the front side and left side of the course, and neglected to change the course from the first to the second two-lane, and did not confirm the victim D(39 years old) of the towing engineer who was working in order to tow the cargo vehicles parked at the second-lane point of the accident, and received the front side of the cargo vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, that is, the Defendant caused the death of the victim from the seat to the anti-open frame and the open door frame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the actual condition of traffic accidents, photographs of the scene of accidents, and a written report on the autopsy;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the latter part of Article 5-11 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 (the occupation of drinking and the

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up organs);

1. A traffic accident by the defendant on the grounds of sentencing under Article 62(1) of the Criminal Act, who drives a motor vehicle while under drinking;

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