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(영문) 청주지방법원 2013.09.24 2013고단702
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 16, 2012, the Defendant, while under the influence of alcohol on 01:42%, driven the victim D(n, 24 years of age) at the steering level, and driven the Esch Rexroth car, driving the Esch Rexroth, and driving two lanes on the two-lane road in front of the restaurant at the Cheongcheon Intersection. At the same time, the Defendant, at night, was under the influence of driving at the speed of 0.149%, was under the duty of care to reduce the speed and to ensure safe driving by checking the front and rear left. While the Defendant was under the influence of alcohol, the Defendant was negligent in driving at a rapid speed of 0:10 lanes, which had been parked at the speed of 0:0 lanes, caused the death of the patient at the speed of two lanes, and the Defendant was not under the duty of care to drive the vehicle at the speed of 0:1,000,000,000 1:3:0,000,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement prepared in the I;

1. Application of Acts and subordinate statutes to the initial action plan at the traffic accident site, actual condition survey report, each photograph, the circumstantial statement of the drinking driver, the appraisal report, the report on detection of the drinking driver, and the death diagnosis report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. From among concurrent crimes, the Defendant committed the instant crime in that: (a) the instant crime resulting in the death of a victim who was under the influence of alcohol, resulting in the instant accident resulting in the death of a victim who was under the influence of alcohol while driving a vehicle with the victim her only while driving a vehicle by drinking alcohol; and (b) the instant crime was committed.

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