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(영문) 광주지방법원 2016.05.12 2016고단875
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

On March 20, 2016, the Defendant driven a motor vehicle of 0.160% of alcohol content in blood without a driver's license of a motor vehicle at around 01:20 on March 20, 2016, while driving a motor vehicle of 0.160% of alcohol content in C, the Defendant proceeded in the direction of the final radiation distance in the direction of the zynam-gun, the Southern-gun, the Southern-gun, the Southern-gun, the Yho-ro, the Southern-ro, the Southern-ro, the Y

The Defendant shocked the utility pole in front of the right side of the vehicle due to occupational negligence, which was driven in full under the foregoing, and failed to properly operate the steering direction and brake system of the vehicle, and caused the victim D (D, monmon, 30 years old) who was seated on the back seat of the vehicle to die on the spot due to damage to the two parts, etc., and the victim E (E, monte, Y E, E, E, E, 56 years old) who was seated on the back seat of the vehicle to die on the front side of the vehicle.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol or without a license, driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, resulting in the death of the victim D, and caused the victim E to suffer the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, H, and I;

1. A traffic accident report;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. A medical certificate and a corpse death certificate;

1. CCTV image output;

1. Application of Acts and subordinate statutes to the scene of accident and deceased persons;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or injury to a dangerous driving) concerning the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act for mitigation of quantity;

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