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(영문) 대구지방법원 영덕지원 2020.06.03 2020고단43
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. A person who is engaged in driving cars B and III cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Risk Driving Death);

On February 28, 2020, at around 21:20, the Defendant driven the above cargo while under the influence of alcohol of 0.193% with a blood alcohol concentration of 0.193%, and led the Defendant to drive the above cargo in the direction of keeping the down-way line 7 on the 400-meter parallel parallel parallel in the Gyeong Young-gun, Young-gun.

At that time, the two-lane road was installed as a central separation cost, so in this case, the driver engaged in driving service of the motor vehicle has a duty of care to accurately operate the steering direction and brake system and safely proceed to the right side of the central line to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and went to the left-hand side of the center line by the negligence of the Defendant’s driving under the influence of alcohol and go to the front-hand side of the Defendant’s driving direction, and received the front-hand side of the DPoter Ⅱ as the front-hand side of the Defendant’s driving of the said cargo.

Ultimately, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to the influence of alcohol, caused the accident to the victim and caused the victim to die at the F Hospital located in Yeongdeungpo-gun E in Chungcheongnam-gun, Youngdong-gun at around 22:37 on the same day.

2. Around 21:20 on February 28, 2020, the Defendant driving a vehicle B in the 2km section from the 2km to the road specified in paragraph (1) while under the influence of alcohol with a blood alcohol concentration of 0.193%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Each report on investigation;

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, report on the actual situation, inspection report on the actual situation, and report on the handling of each 112 reported case; and

1. A written result of autopsy and postmortem examination;

1. Each photograph;

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