(영문) 의정부지방법원 2014.03.14 2014고단24

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2014.03.14 2014고단24

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. Around 20:55 December 201, 2013, the Defendant driven C Poter cargo under the influence of alcohol concentration of about 0.178% in the section of about 4km from the front of the restaurant to the front of the Mangian Road in the two sides of the Seocho-si, Spocheon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving freight cars;

At around 20:55 on December 1, 2013, the Defendant driven the above cargo vehicle while under the influence of 0.178% of alcohol content as stated in the above Paragraph 1, and led to two-lanes in front of the Mangyeong IC, which is located in the Geumcheon-si, Sincheon-si, Gancheon-si, the Defendant is responsible for the two-lanes of the two-lanes of the two-lanes in front of the Mangyeong IC, and proceeds at a low speed along the intersection inspection station.

The driver of any motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and since the center line of the yellow-ray is installed at night and at the time, he/she has the duty to take occupational actions to prevent accidents, such as keeping the steering gear, brakes and other devices of the motor vehicle, by accurately manipulating the steering gear, brakes and other devices in a safe speed and manner.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving normally, and went along the two-lanes of the opposite direction to the other direction by driving along the two-lanes of the three-lanes of the two-lanes of the opposite direction in the same direction as that of the opposite direction, and received the front portion of the two-wheeled Vehicle 100, which is driven by the victim D (year 54).

Ultimately, the Defendant caused the above victim’s death by occupational negligence as seen above, with a scarcity in his job.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Statement in the circumstances of an employee;

1. A report on detection of a host driver;

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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