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(영문) 대구지방법원 경주지원 2015.04.23 2015고단122
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 1, 2015, at around 03:51, the Defendant, without a driver’s license, proceeded with a street room in front of the E resting area D, racing-si, while under the influence of alcohol of 0.187%, with a blood alcohol concentration of 0.187%.

Since there are two roads, where the central line is installed, the two roads are bended by the complete course of one lane, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, and prevent any traffic accident from being delayed.

Nevertheless, the Defendant neglected to drive normally due to the influence of drinking such as above, and neglected to do so, and proceeded with the roadside trees by leaving the road to the right-hand part of the left-hand part of the vehicle, and then re-confluent the street trees into the left-hand part of the vehicle, re-confluences on the left-hand part of the vehicle with the upper-hand part.

As a result, the Defendant caused the death of the Victim F (Sri Lankan, 44 years old) who was on board the back seat of the said rocketing car, without delay, by means of low-blood shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, actual condition investigation reports, investigation reports (verification of drivers' licenses), investigation reports (G company H statements), investigation reports (I statements of 112 reporters); and investigation reports (I statements of 112 reporters);

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

1. A death diagnosis report, a corpse autopsy report, and a written report of autopsy;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of a safe driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;

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