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(영문) 대전지방법원 서산지원 2018.11.07 2018고단961
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

The Defendant is a person who is engaged in driving of a motor vehicle B and C.

1. On September 14, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) was driving a motor vehicle of the above wing and Ⅲ in the state that it is difficult for the Defendant to drive a motor vehicle with the blood alcohol concentration around the 0.143% of the blood alcohol concentration at around the 0.143% while driving the motor vehicle at the seat of the above wing and Ⅲ in the state where it is difficult to drive the motor vehicle normally.

At this point, the central line, which is a yellow solid line, is installed, and at a speed of 60 km per hour, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and steering gear and operating the steering gear.

Nevertheless, the Defendant, under the influence of alcohol, failed to accurately operate the brakes and steering gear, caused the victim to go beyond the floor by neglecting the central line and by neglecting the speed of about 84 km in speed beyond the speed of 84 km. On the left side of the enclosed Ⅲ, the Defendant was faced with D 110 Otoba, which was driven by the victim C (56 older) driving on the road at the speed of 54 km away from the side of the seat.

As a result, the Defendant driven the above wing-III cargo in a situation where normal driving is difficult due to influence of drinking, and caused the victim to die with a heart due to the injury of the external wound from F in Seocho-si E around 19:20 on the same day.

2. On March 12, 2013, the Defendant issued a summary order of KRW 3 million for a violation of Road Traffic Act at the Seosan Branch of the Daejeon District Court on the grounds that he/she violated Road Traffic Act in the Seosan Branch of the Daejeon District Court, and on February 19, 2016, the same court issued a summary order of KRW 1.5 million for a violation of Road Traffic Act on at least two occasions as a result of a violation of Road Traffic Act.

Nevertheless, the defendant is identical to the statement in paragraph 1.

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