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(영문) 춘천지방법원 영월지원 2013.04.23 2013고단62
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 19, 2012, the Defendant is a driver of Cpoter vehicle, and around February 19, 2012, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.113% in blood at the front of the Cpool de de deela of the Jong-gun, Jongwon-gun, Jongwon-gun, Jongwon-gun, Seowon-gun, and driven the wald from the north-ri side to the walm.

At the time, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle in a clear mind.

Nevertheless, the Defendant received the part of the victim D (the 81-year old) body part of the victim D (the 81-year old) who illegally crosss the above vehicle from the front side due to the negligence of driving the vehicle while it is difficult for the Defendant to drive the vehicle normally due to the influence of drinking.

Ultimately, the Defendant caused the death of the victim by his occupational negligence to a shock by low blood dose.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the E, F, and G;

1. A written result of autopsy;

1. Statement on the actual condition of traffic accidents, report on the actions against an employer, and report on the actual status of an employer-employed driver;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

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. Application of the sentencing criteria [Determination of type] General Traffic Accidents Death [Special Aggravation of Death] : Case where illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is serious (Determination of the recommended area] [Determination of the recommended area] aggravated area (determination of the recommended area] by imprisonment with prison labor for one year or three years from one year to three years, proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents among the special sentencing persons.

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