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(영문) 대전지방법원 홍성지원 2017.09.26 2017고단392
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On February 20, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.196% from blood alcohol level around 21:55, and driven the said vehicle along the speed of 98.4km from the west new distance from 198.4m from the west apartment to the west new distance of 30m from the west new distance, according to the Do governor and Do governor, the Defendant driven the said vehicle at a speed of 0.196%.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, shall not enter the opposite lane, and shall be obliged to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded along a road in the reverse direction while it is difficult to drive the road normally due to influence of drinking. However, the Defendant conflict with the victim F.F. (39 years old) driving car driving on a two-lane in the same direction as the victim F.F. (39 years old) driving car driving on the two-lane in the same direction.

Ultimately, the Defendant, by negligence on duty, killed the above victim D with a heart due to a tension with a tension caused by chest damage, and at the same time suffered injury to the victim H of the above victim F and the same passenger, such as salt pane and tension in the part where it is difficult to treat the victim F and the same passenger for three weeks, respectively.

2. On February 20, 2017, the Defendant violated the Road Traffic Act (drinking driving) on and around February 20, 2017, at around 21:5, the road 218, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongcheon-do, and the road in front of the Daesung-gun Office, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, 30 meters away from the red boom-do, Do government office.

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