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(영문) 수원지방법원 성남지원 2015.08.13 2015고단1031
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 02:55 on March 22, 2015, the Defendant driven a DamM5 vehicle under the influence of alcohol concentration of about 1.6 km from the front of convenience point GaS25 in the Hannam-dong, Chungcheongnam-si, Chungcheongnam-si to the long distance of the public road entrance in the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving) is a person engaging in driving a DSS5 car.

At around 02:55 on March 22, 2015, the Defendant driven the said car while under the influence of alcohol as described in Paragraph 1, and proceeded two-lanes on the two-lane road near the three-lane adjacent to the sub-section of the public road in the south of the Hanam-si, the Defendant turned to approximately 112km each other at the speed of 3-lane from the chill of the virtue tunnel.

At night, the restriction speed of the above road is 60 km per hour. In such cases, there was a duty of care to safely drive the vehicle by observing the speed set for those engaged in driving business, accurately operating the steering system, brakes, etc., and by checking the right and the right and the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to drive a car in a situation where normal driving is difficult due to the above influence of alcohol, and continued to drive a signal light, etc. installed on the road on the right-hand side of the said three-distance road with a speed exceeding a speed of about 52 km above the speed limit, which led the Defendant to the front-hand part of the above car’s right-hand part, and led the said car to pass it to the front-hand wall of the said shooting distance.

After all, the Defendant suffered injury, such as a 12-day body felbling, etc., from the victim E (the 35-year old), who is the passenger of the vehicle driven by the Defendant due to the above occupational negligence, and at the same time, caused the death of the victim F (the 36-year old age) by diversification long-term electric power.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. The actual condition survey report;

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