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(영문) 인천지방법원 2014.12.17 2014고단6632
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 3, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a car with blood alcohol concentration of 0.119%, while under the influence of alcohol level on June 3, 2014, the Defendant driven a car with Cco-gu 0.119% and driven the front front of the road in Incheon Bupyeong-gu, Bupyeong-gu, Incheon, at the speed of about 30km from the parallel distance to the parallel of water area

At the time of night, a person engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive in a state where normal driving is difficult and the Defendant was negligent in changing the vehicle from the third to the fourth line, and received the victim F(54 years of age) from the third to the fourth one.

Accordingly, the defendant caused the death of the victim by brain damage at the scene.

2. When the Defendant was under the influence of alcohol level of 0.119% at the above temporary border, the Defendant driven a car in the above column of column 4 km from the front road of the Dongamban Island, which is located in the 12-lane, Bupyeong-gu, Incheon, Bupyeong-gu, Dongambrop, Incheon, to the front road of the above E at approximately 4km.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a person causing danger driving) concerning the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of a person driving and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Where the illegality of the proviso of Article 3(2) of the Specialized School Traffic Act in the area of aggravation (one to three years) of Part II (the death of a traffic accident) is serious.

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