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(영문) 인천지방법원 2013.07.25 2013고단1596
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 is engaged in driving a three-dimensional vehicle.

On September 30, 2012, at around 22:10, the Defendant was under the influence of alcohol with 0.125% of blood alcohol concentration, and the Defendant was driving the said car, and the air route 7 of Jung-gu Incheon Metropolitan City would turn to the left at the left at one-lane between 95-4 and 4 roads in front of the oil station in Jung-gu, Incheon.

Since the location was an intersection where signal lights are installed, the defendant engaged in the driving of motor vehicles had a duty of care to prevent accidents, such as living the front and rear left well, accurately operating the steering system and brake system, and safely driving the steering system in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant was placed at the front part of the Defendant’s car in the victim D (year 51) who was faced with the right turn to the left at both directions of the stop signal while the Defendant was under the influence of alcohol.

Ultimately, around October 3, 2012, around 20:49, the Defendant caused the victim to die due to brain training paralysis at the F Hospital located in Jung-gu Incheon Metropolitan City, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. A copy of the report on the occurrence of a traffic accident and the actual survey report;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. A death diagnosis certificate or a motion picture;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident analysis;

1. The point of causing death or injury of a dangerous driving for committing a crime: 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;

1. Selection of imprisonment with labor for a crime of violating the Road Traffic Act;

1. Aggravation of concurrent crimes among concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes within the scope of the punishment computed by adding up the maximum term of two crimes prescribed for the violation of the Act on the Aggravated Punishment, etc

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