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(영문) 전주지방법원 정읍지원 2014.03.18 2014고단18
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is engaged in driving a dump truck;

On December 29, 2013, the Defendant driven the above truck under the influence of alcohol with 0.154% of alcohol concentration around 20:30, while driving on the blood alcohol level, and continued to drive the above truck at an insular speed in the direction of the station in the direction of the station in the direction of the station at the reduced breadth of the west-gun, west-gun, west-gun, west-do.

Since there is a hond road, there was a duty of care to prevent accidents in advance by reducing speed to a person engaged in driving of a motor vehicle and thoroughly manipulating the steering and brakes safely.

Nevertheless, the defendant neglected this and got the above dump truck to return to the left by shocking the road at a state where it is difficult to drive the road normally due to influence of drinking. Therefore, the defendant's failure, which led the above dump truck to shock the left-hand dump truck and break away from the road.

The Defendant caused the death of a victim D (the age of 58) who was accompanied by dump trucks due to such occupational negligence.

2. Around 20:30 on December 29, 2013, the Defendant driven C dump trucks from the branch office at the coast guard located in the west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-do, to the west-gun, west-gun, west-do, the coast guard located in the west-gun, west-gun, west-gun, west-do, and under the influence of alcohol concentration of approximately 800 meters from the dump trucks under the influence of alcohol concentration of about 0.1

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to a report on the start-up of driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment) concerning the criminal facts;

1. The aggravated Criminal Act for concurrent crimes.

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