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(영문) 광주지방법원 목포지원 2017.11.17 2017고단1005
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 engaged in driving a motor vehicle B with detached motor vehicles.

1. On June 29, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. resulting from D Driving) driven the said vehicle under the influence of alcohol level of 0.167% from blood during the influence of around 04:35 on June 29, 2017, and driven the said vehicle at a speed of 119km each hour at the speed of 119km from the direction of the entrance of the Do office at the Do office in front of D industrial companies in Fapo City C.

At night, it is a road with a speed of 70 km per hour. On the front side of the road, crosswalks are installed on the right side of the road and utility poles are installed on the right side of the road, so the driver of the motor vehicle is prohibited from driving the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and the driver of the motor vehicle has a duty of care to reduce the speed and properly operate the brakes and steering gear to prevent the accident by properly operating the brakes and steering gear.

Nevertheless, the Defendant neglected this and neglected to walk normally while under the influence of alcohol 0.167%, and proceeded at a speed exceeding 49 km per hour and failed to operate the brake and steering gear properly due to the influence of drinking, and thereby, received the traffic signs and telegraph poles installed on the right side of the Defendant’s direction at the front of the said car.

Ultimately, the Defendant caused the death of the victim E (the age of 23) who was on the top of the operation of the said car by occupational negligence as above, due to the said occupational negligence, by the two joints opened at around 04:48 on the same day.

2. On June 29, 2017, the Defendant violated the Road Traffic Act (drinking driving) on and around 04:35, the roads from the front to the front road of the D industrial company located in Sinpo City C, G, from the upper center of Gwangju Mine-gu around 96.

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