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(영문) 창원지방법원 2014.03.26 2013고단3484
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 CM5 car.

On October 2, 2013, the Defendant was under the influence of alcohol of 0.207% of blood alcohol concentration at around 01:30, the snow at the time was frighted, and the Defendant was driving the said vehicle under the condition that it is difficult to drive the vehicle normally to the extent that it was able to do so, while driving the said vehicle at the time, and driving it at the seat of his own university, the intersection of the IIC distance at the seat of his own university is proceeding at a speed of approximately 120 kilometers per hour depending on three lanes of the road at the seat of his own university.

On the other hand, signal lights are installed at the intersection, and the speed limit was 60 kilometers a speed, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the speed limit.

Nevertheless, the Defendant neglected to drive the vehicle while under the influence of alcohol while making it difficult for the Defendant to drive the vehicle normally, caused the death of the victim D (the 36-year-old driver) who was on the left side of the E-to-face of the victim D (the 36-year-old driver) driving, who was under the influence of the E-to-face under the nives of the nives of the nives of the nives of the nives under the nives of the nives of the nives of the nives of the nives of the nives of the F Hospital on October 9, 201

Summary of Evidence

1. Court statements and the first trial records of the accused;

1. Each police statement of G and H;

1. The application of Acts and subordinate statutes governing requests for appraisal, such as a survey report on actual condition, accident vehicles and field photographs, a photograph of a black boom, a report on the circumstantial statement of a drinking driver, a report on detection of a drinking driver, an inquiry into the results of the crackdown on drinking driving, making inquiries into the vehicle, death, and written diagnosis, and an appraisal request;

1. The relevant Act on the Punishment, etc. of Specific Crimes (Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes), the driving under the influence of alcohol (Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, selection of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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