(영문) 전주지방법원 정읍지원 2016.11.24 2016고단432

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(영문) 전주지방법원 정읍지원 2016.11.24 2016고단432

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death, etc.) is a person engaging in driving a vehicle CSM 5.

On July 24, 2016, at around 01:55, the Defendant, while under the influence of alcohol of 0.260% of blood alcohol concentration, proceeded at a speed that makes it impossible to identify the speed of the two-lane road in front of the E, which is in front of the Si/Y, from the side of the daily test distance, to the bridge of sampling.

At the time, there are many commercial buildings around the road at night, and there are many pedestrians from time to time, so there was a duty of care to prevent accidents in advance by thoroughly manipulating the steering and steering system and accurately manipulating the steering and steering system.

Nevertheless, under the influence of alcohol, the defendant did not discover the victim F (38 years of age) who was crossing the right from the left side of the defendant's running direction to the right side by negligence that neglected the former city, and did not get the victim F (38 years of age) to go beyond the floor of the defendant's car.

Ultimately, the Defendant driving the said car in a state where normal driving is difficult due to influence of alcohol, and received medical treatment from the Joseon University Hospital located as the pen of Gwangju-gu, Gwangju-gu. On July 24, 2016, the Defendant caused the death of the victim due to brain pressure caused by cerebral blood transfusion at around 17:01.

2. The Defendant violated the Road Traffic Act (driving) driving the CSM(SM) five automobiles under the influence of alcohol with a blood alcohol concentration of 0.260% at the time and place specified in Paragraph 1, as stated in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to G, H, I, and J;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of the Acts and subordinate statutes on site photographs, dyshot photographs, and CCTV closure photographs;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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