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(영문) 광주지방법원 목포지원 2016.09.23 2016고단793
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. resulting from Dangerous Driving).

On March 17, 2016, the Defendant driven the said car under the influence of alcohol content of 0.185% among blood transfusions on March 17, 2016, and led the Defendant to drive the said car at the speed of about 90km in the speed of 0.185%, along the two lanes in the direction of the Sinan Eup in the direction of the Sinan-Eup.

At the time, it is night and a road bended by the direction. In such a case, there was a duty of care to prevent accidents in advance by properly operating and safely driving the steering gear by reducing the speed and driving the steering force well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering and steering apparatus properly, and found late to find out the chemical and signal control apparatus on the right side of the road, and received the foregoing chemical and signal control apparatus entirely from the front of the foregoing vehicle.

Ultimately, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to influence of drinking, and caused the victim D(21) and the victim E(21) who was on board the said car to die from a fire caused by a vehicle fire at the site.

2. Violation of the Road Traffic Act (drinking driving) driving a C-ro vehicle under the influence of alcohol with about 5km alcohol content 0.185% from a section of about 5km from the date and time set forth in paragraph 1, in front of the future officetel in the front of the Si/Gun/Eup in the Southern-gun in the Southern-gun in the Southern-gun in the south-do to the front of the school route in the south-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each body death certificate;

1. Notification of the results of crackdown on drinking;

1. A survey report on actual conditions;

1. The circumstantial report on the driver at the main place of business (Dangerous driving);

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