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(영문) 춘천지방법원 원주지원 2013.10.02 2013고단480
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 (Death or Injury caused by Dangerous Driving) was driven on May 4, 2013 by the Defendant with a blood alcohol concentration of 0.153% at around 05:40, and led to the flow from the right side of the door on the road near the Gyeong-gu Seoul Special Metropolitan City.

Since the place is one-lane road in which the center line of yellow solid lines is installed, there was a duty of care to safely operate the vehicle to the person engaged in driving service.

Nevertheless, the Defendant neglected this and received the part of the victim D (the age 49) driven by the victim D (the age 49) who was driving on the left side of the car in front of the left side of the car in question due to the negligence of the Defendant breading the central line under the influence of alcohol as above.

In the end, the Defendant caused the death of the victim due to brain damage during the same day by occupational negligence while normal driving is difficult due to the influence of drinking.

2. Around 05:40 on May 4, 2013, the Defendant driven a C-to-hurd vehicle under the influence of alcohol level of 0.153% at a section of about 15km from the site located adjacent to the head of the Si/U.S. Park to the point of accident in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on actual condition, a report on whether to drive any danger, and a report on the detection of any driver;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act reflects the defendant's fault.

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