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(영문) 춘천지방법원 2019.11.27 2019고단356
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B B B B B BB car.

On March 4, 2019, at around 02:30, the Defendant driven the above vehicle while under the influence of alcohol with 0.203% of alcohol level 0.20%, and proceeded to the left at the center of Ycheon-si, Gangwon-do, by making a left-hand turn, from the west of Gangwon-do, the Defendant failed to accurately operate the steering and steering system under the influence of normal driving due to the occupational negligence and failure to accurately operate the steering system while under the influence of alcohol, and the C merchant installed on the right-hand side of the running direction without accurately operating the steering system. On the other hand, the Defendant left the access wall of the victim D (ma, 34 years of age) who took the front part of the vehicle of the Defendant’s vehicle and moved to the front part of the vehicle of the Defendant’s vehicle, and caused the victim’s death by damage to the 03:11 pousculous road during treatment after being transmitted to the E hospital on the same day.

As a result, the defendant driving a motor vehicle with a blood alcohol concentration of 0.203%, and driving a motor vehicle in a situation where normal driving is difficult, resulting in the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Written appraisal of blood alcohol concentration and the results of the crackdown on drinking driving (blood collection result);

1. Application of Acts and subordinate statutes to death certificate or photographs of the deceased;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of death or injury caused by dangerous driving) and Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; the same shall apply before March 28, 2019); the selection of imprisonment

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had no previous criminal record prior to the instant crime, and the dead victim shall be the Defendant’s workplace rent.

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