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(영문) 광주지방법원 순천지원 2014.09.23 2014고단1166
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who drives Cone Star Co., Ltd.

On July 5, 2014, at around 06:08, the Defendant driven the above mix while under the influence of alcohol with 0.253% of the blood alcohol concentration 0.253%, and continued one lane of “E” in front of the “E” agent at the time of drinking at the time of drinking from the room of the maritime police station to the distance of raw ginseng.

Since the front door is a road on which signal lights and crosswalks are installed, the driver of the motor vehicle has a duty of care to check the signal lights and to prevent accidents in advance by safely driving in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent by neglecting the above duty of care and driving ahead of the stop signal on the vehicle, received the victim F (72 years old) who walked on the left side from the right side of the Defendant’s seat along the pedestrian signal to the left side according to the pedestrian signal.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the death of the victim from the low blood shock straw ginseng distance at the influent time during the transport of the hospital at around 06:17 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning G and H;

1. Statement of the police officer to I;

1. The actual condition of traffic accidents;

1. A report on whether to drive any dangerous motor vehicle and a report on the detection of such driver;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of

1. A favorable circumstance is that the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act are against the depth, the primary offender, and the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance.

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