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(영문) 수원지방법원 2016.10.28 2016고단4801
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a production worker of Austria Co., Ltd. who processes vinyl and is engaged in the operation of Cysta car.

On October 18, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.181% of alcohol level around 23:17, and proceeded with the first line road in front of the E plant located in the E plant in the E plant in the esisisisi in the esisisi in the esisisisisibly.

At the time, the road was bended by night, and there was a duty of care to operate the vehicle in a safe manner by accurately manipulating the front door and the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant caused the death of the victim F(39 years of age) who was on the front edge of the Defendant’s vehicle, and the victim G(40 years of age) who was on the back seat of the Defendant’s vehicle, by the negligence of driving without plucking or plucking hand, and driving the vehicle as it is, in front of the Defendant’s vehicle, by taking away approximately one meter away from the front edge of the vehicle, the opposite diver and the utility pole, and by moving the vehicle back to the lower edge of the vehicle.

As a result, the Defendant driven a vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the death of others.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (investigation as to whether a suspect drives drinking alcohol);

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Each death certificate;

1. Application of Acts and subordinate statutes to written appraisal;

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

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

1. Selection of penalty;

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