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(영문) 전주지방법원 2018.10.16 2018고단1400
특정범죄가중처벌등에관한법률위반(위험운전치사)등
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On May 14, 2018, the Defendant: (a) driven a FK 7 car under the influence of alcohol content of about 0.136% while under the influence of alcohol at approximately 40 K KK car from the front of the “C” road located in Jeong-Eup, Young-si, Seoul, to the front of the E station located in Kim Jong-si.

2. On May 14, 2018, the Defendant was driving a K7 car as listed in paragraph (1) around 16:49 on May 14, 2018, and used the road front of the above E station in front of the above E station at the speed of approximately 132.7 Km per hour depending on the one-lane distance from the surface of the Kim bank.

No driver of a motor vehicle shall drive a motor vehicle while under the influence of alcohol in a state where it is difficult for the driver to drive the motor vehicle normally as intended when he/she operates the steering gear, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant, while driving under the influence of alcohol with 0.136% of the blood alcohol concentration while he was under the influence of alcohol, such as 0.136% of snow and walked, caused the death of the head of the “J hospital located in Kim Jong-si I at around 18:05 on the same day,” which was driven by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. A report on traffic accidents and a survey report on actual condition;

1. Reports on traffic accidents and dices;

1. A death certificate;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. A report on internal investigation (a strings' statements and video CDs' camboxes' camblings' camblings' cams);

1. Responses to the results of traffic accident analysis and appraisal request;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of death or injury caused by dangerous driving) and Articles 148-2 (2) 2 and 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment).

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