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(영문) 춘천지방법원 강릉지원 2018.08.17 2018고단537
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

Defendant shall be punished by imprisonment for a term of 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

1. On June 15, 2018, the Defendant violated the Road Traffic Act (drinking) driven a G-burged car with approximately 2 km alcohol concentration of about 0.140% from the right side of the road No. 4, Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul, to the end of the F. in the same city E from around 2km to June 15, 2018.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death resulting from Dangerous Driving) was under the influence of 0.140% of alcohol level during the day-to-day alcohol level as stated in paragraph (1) while driving a motor vehicle of 0.140% at the time, and driving a motor vehicle of f-do in front of the F-si E in Gangnam-si, Gangwon-si, along the three-lane road at the speed of about 60km per hour according to the two-lanes of speed in the face of the intersection MBC room.

As above, Defendant 1 driven the said vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, such as rhythm of walking on the left left and right, and galm of snow, and caused the victim I (78 tax)’s left-hand bridge part on the part of the victim I (78 tax) who was on the front side of the vehicle operated by Defendant 1, and died of the victim due to dypology while being treated by K hospital located in Gangnam-siJ around 05:19 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), and report on whether to drive any danger;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking and the choice of imprisonment), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or injury to driving a dangerous motor vehicle) concerning criminal facts;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the period of punishment plus the long-term punishment for two crimes);

1. Article 62 of the Criminal Act:

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