(영문) 광주지방법원 2019.09.19 2019고단2125

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줄 간격

자간(%)

(영문) 광주지방법원 2019.09.19 2019고단2125

특정범죄가중처벌등에관한법률위반(위험운전치사)등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death Resulting from Dangerous Driving) is a person engaged in driving BMW car;

On June 3, 2019, at around 04:45, the Defendant driven the said vehicle while under the influence of alcohol of 0.11%, and continued the front distance of D in Gwangju Northern-gu C from the boundary of the E University to the remote distance of 0.11%.

At the time, there is a duty of care to observe the signal, see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected to drive in a state of difficulty in normal operation under the influence of alcohol and due to the negligence of carrying the red signals in violation of the signal, thereby obtaining the victim F (75 years old) who was standing the crosswalk on the right side of the Defendant’s driving direction from the Defendant’s driving direction as the Defendant’s vehicle.

As above, the Defendant caused the death of the victim due to the negligence of driving under the influence of alcohol, which caused the death of the victim at least 15:44 on the same day.

2. The Defendant was driving a BMW car under the influence of alcohol concentration of approximately 0.111% from the 3km section from the G apartment in Gwangjubuk-gu to the place where the said accident occurred on a temporary border, such as paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. Report on the circumstances of the driver's license and investigation report (report on the circumstances of the driver's license and investigation report);

1. Notification of the results of crackdown on drinking driving;

1. A report on internal investigation (including a photographic image of black stuffs (including a photo of black stuffs attached));

1. A death certificate;

1. An accident scene photograph;

1. The result of the CD reproduction by a vehicle booming video booms.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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