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(영문) 대전지방법원 서산지원 2017.11.02 2017고단694
특정범죄가중처벌등에관한법률위반(위험운전치사)등
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1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who drives a DNA cargo vehicle.

On June 16, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.173% during blood transfusion 0.173% on June 16, 2017, and led the Defendant to drive the above cargo at a speed of about 60 km per hour from the high-water bank to the high-water bank.

At the time, a person engaged in driving of a motor vehicle at night has a duty of care to safely operate the steering room, the right and the left, and the steering gear by accurately operating the steering gear.

Nevertheless, the Defendant, by negligence, neglected to drive normally under the influence of alcohol and neglected to do so, caused the death of the victim F (67) who was walking on the right side of the road from the front side of the Defendant’s vehicle driving by the Defendant, resulting in the death of the victim due to the symptoms of cerebral cerebral cerebral cerebral in a medical hospital located in the margin of 5-15 of the Jina-si of the same day, around 21:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to death certificates and medical opinions;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)) (Article 62(2) of the Act on the Punishment, etc. of Specific Traffic Accidents) (Article 2(2) (Article 62(1) of the Act on the Punishment, etc. of Specific Economic Accidents) (Article 8(2) of the Act on the Punishment, etc. of Traffic Accidents) / In the case of a punishment not (including a serious effort to recover from damage), a sentence is disadvantageous

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