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(영문) 수원지방법원 평택지원 2013.09.27 2013고단1007
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in driving of a CP vehicle.

On June 26, 2013, at around 02:18, the Defendant was under the influence of alcohol with 0.142% of blood alcohol concentration, and the Defendant was under the influence of 0.142% of the two-lanes in Pyeongtaek-si land, and the Defendant was under the influence of 4 lanes in front of the intersection road in Pyeongtaek-si land.

In such a case, the driver of a motor vehicle is merely a duty of care to proceed in accordance with the instructions indicating traffic facility water or signals, and the driver of a motor vehicle is under the influence of alcohol so that the driver of a motor vehicle is bound to turn to the left from the shooting distance of the two direction straight signals due to the negligence of driving the motor vehicle, and the driver of a motor vehicle is bound by the victim D(31) driving the three-lane of the five-lane of the road facing the right-hand turn at the right-hand side of the motor vehicle driving at the right-hand side of the motor vehicle.

As above, the Defendant driven under the influence of alcohol in a state where normal driving is difficult due to the influence of alcohol, and suffered from the fluoral fluoral dumsium, etc. requiring two weeks of medical treatment, and caused the victim F (35 years of age) who was working on a passenger car to die in the same place due to the fluoral damage, the fluoral damage, the fluoral damage, and the bruc damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and the occurrence of traffic accidents;

1. A medical certificate and a report of autopsy;

1. Traffic accident analysis report and traffic signal frequency table;

1. On-site photographs;

1. Application of Acts and subordinate statutes to an investigation report, an entry report, an entry report, and an investigation report (Securing an investigation report in accordance with the Rodmark formula);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes against death or injury resulting from dangerous driving) shall be added.

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