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(영문) 창원지방법원 마산지원 2014.10.08 2014고단756

교통사고처리특례법위반등

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

1. Around 06:50 on May 18, 2014, the Defendant was driving a C-A-hurd-hurged vehicle under the influence of alcohol content of about 0.059% at approximately 3km from the 07:05 on the same day, from around the 18:0 to the 07:05 day before the G-hurg village in Haak-gun, Haak-gun, Haak-gun, Haak-gun, Haak-gun, Haak-gun.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is engaged in driving of C-A-to-purd passenger vehicles.

On May 18, 2014, at around 07:05, the Defendant, while under the influence of alcohol, driven the said car and passed the intersection of 1 lane in front of the Yaeung-gun, Yaeung-gun, Yaeung-gun, Gyeongnam-gun, to the direction of the red village at the direction of 40-50 km from the front of the Yaeung-gun.

There is a place where traffic is not controlled, and there is a two-wheeled motor vehicle that is proceeding by entering the intersection first at the time, and thus, a person engaged in driving service has the duty of care to check whether there is a vehicle crossing by reducing speed or temporarily stopping the intersection, and to prevent the accident in advance by driving the vehicle already entering the intersection.

Nevertheless, under the influence of alcohol, the defendant did not discover a two-wheeled vehicle driven by the victim D (year 74) who first enters the intersection from the left side of the defendant's running direction to the intersection, and did not have the two-wheeled vehicle driven by the defendant as it is, by negligence, have the victim go beyond the floor by taking the front part of the vehicle driven by the defendant.

As a result, the Defendant caused the death of the victim due to the cerebral cerebral cerebral Bribery in Samsung Chang-si, Samsung Chang-si, Samsung Chang-si, which was undergoing the follow-up treatment at around 23:05 on June 14, 2014 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the Police Statement with F 1.