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(영문) 대전지방법원 서산지원 2014.09.26 2014고단617
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On February 11, 2014, the Defendant driven the said car with a 0.180% alcohol concentration at a 00:20% alcohol level, and driven the said car at a speed of 0.180%, and driven the two-lane road in front of the Young Jin Agricultural Materials Ear, which is located in the Yellow Sea in the Yellow Sea at the time of Jinjin-si.

At night and at night, there is a road in which the center separation cost is installed, and the defendant has installed a bypass sign at the entry point prior to the running of the vehicle as above, and thus, the driver of the vehicle has a duty of care to safely drive the vehicle by checking the road sign as well as driving the vehicle along the upper right line.

Nevertheless, the Defendant neglected to drive normally due to the above influence of drinking, and was faced with the front part of the victim D(31 years old) driving, which was driven by the Defendant at the opposite side of the lane due to the negligence committed by the Defendant while driving in the center, and was faced with the front part of the Defendant’s car.

In conclusion, the Defendant caused the above D’s occupational negligence to death as a result of the suspension of cardiopulmonary function due to pulmonary damage and blood transfusion on the job, and as a result, the victim F (F, 30 years of age) who is the passenger of the victimized vehicle at the same time on the 12th day of the same month, around the 19:00 of the same month, the Defendant caused the death of the victim F (F, 30 years of age) at the Ginjin General Hospital located in the village of Jinjin-si, which was under medical treatment due

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and H;

1. The actual condition survey report;

1. Report on detection of a user driver and report on request for appraisal;

1. Each death certificate;

1. Application of Acts and subordinate statutes concerning field photographs, dead photographs, and dyphographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of the death or injury caused by dangerous driving) and the Road Traffic Act concerning the criminal facts as provided in the corresponding Act.

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