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(영문) 수원지방법원 2016.01.13 2015고단5570
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Done Star Co., Ltd. owned by C.

1. On April 21, 2013, the Defendant: (a) violated the Road Traffic Act (breathing) and the Road Traffic Act (a non-licensed driving) driving on the road; (b) the Defendant driven the C-owned D Star F from C’s F located in E to H’s front road located in E in e in ethic City to E in ethic City, without obtaining a driver’s license; and (c) 0.239% of alcohol content during blood while under the influence of alcohol.

2. On April 21, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), driving the said van in a state where it is difficult to drive the said van under the influence of alcohol as above, and driving the said van in a manner that the front of the H would flow the road in the direction of a grade from the grade of the valley.

Since the location is a hond road, there was a duty of care to reduce speed to a person engaged in driving service and to drive safely by checking well.

Nevertheless, the Defendant, while under the influence of alcohol, exceeded the road by negligence while neglecting it, and got the telegraph operator who was in front of the right side of the road back.

As a result, the Defendant suffered injury to the victim I (48 C) who was on the top of the instant Lone Star Co., Ltd., for about six weeks of medical treatment, such as brain-dead, and caused the victim J (W, 45 years of age) who was on the back of the instant Lone Star Co., Ltd. to die with blood in the two parts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to K, C, and I;

1. A survey report on actual conditions;

1. A report on detection of drivers of drinking alcohol and records of measurement of drinking alcohol;

1. License register;

1. A death certificate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and Article 152 subparagraph 1 of the Road Traffic Act.

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