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(영문) 수원지방법원 평택지원 2015.10.28 2015고단1392
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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 DPoter cargo vehicle.

On September 13, 2015, the Defendant parked on the frontway in Pyeongtaek-si E at around 17:10.

In such cases, there was a duty of care to safely drive a vehicle, such as checking the situation of another vehicle without drinking and checking whether the person engaged in driving service is a driver.

Nevertheless, the Defendant neglected this and neglected to 0.188% of the blood alcohol level, and breathly breathly breathly breathly breathly breath, fluthly string red, breathing and breathing, and a small breathy breathy breath, when the Defendant was unable to drive normally due to the influence of drinking, did not discover the Victim G (54 years of age) who was driven by the said cargo and was placed on the floor of the breast parking lot, and flordly b

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the above influence of alcohol, and caused the victim to die due to the fact that the victim died due to the chest pressure trag and trauma sule and other injury to the blood relative on the same day on the same day.

2. A criminal suspect of violation of the Road Traffic Act (driving) and the Road Traffic Act (unlicensed driving) was under the influence of alcohol at the time and place set forth in paragraph (1), while under the influence of alcohol of 0.18%, the criminal suspect acquired a Class 2 ordinary transmission license and cannot drive a manually changing motor vehicle, despite the fact that he/she was unable to drive a manually changing motor vehicle, he/she was driving from the front side of Pyeongtaek-si to the above accident area of approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I and J;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes on the spot and corpse;

1. The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of the death or injury caused by dangerous driving) and the Road Traffic Act concerning criminal facts.

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