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(영문) 대전지방법원 천안지원 2016.03.18 2016고단29
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a vehicle in a high-priced level.

On December 21, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.161% during blood transfusions on December 21, 2015, while driving the above vehicle at a speed of 0.161%, and proceeded at a speed of one-laned road in front of G in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, with one-lane distance from the comprehensive sports field shooting distance.

At the time, there are nights and fronts of the vehicle at night, and thus, the driver of the vehicle is prohibited from driving the vehicle in a situation where normal driving is difficult due to influence of drinking, and the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the steering gear and brakes, such as making the steering gear and operating the steering gear accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant’s vehicle driving ahead of the Defendant’s vehicle driving direction. However, the lower part of the Defendant’s vehicle driving H (59) was the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the Defendant’s death of the said vehicle by an acute fluence at the Yan National University of Yan-dong, South-gu, Yancheon-gu, 6-gil 31, South-gu, 2015 at around December 21, 2015.

2. On December 21, 2015, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately KRW 0.161% alcohol concentration in blood, from around 05:40 to around 05:40, in the direction of the road, from the road in the north-gu, Seo-gu, Seo-gu, Seocheon-gu to the G front road located in the same GuF, the Defendant driven a motor vehicle under the influence of alcohol content of approximately 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the detection of a primary driver, and a report on the detection of a primary driver;

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