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(영문) 대전지방법원 홍성지원 2020.07.21 2020고단395

교통사고처리특례법위반(치사)등

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[Defendant A] Imprisonment with prison labor for Defendant A shall be set forth as one year and six months.

, however, for two years from the date this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of a CNS car, Defendant B is a person who is engaged in driving of a DV car.

Defendant

At around 21:22 on November 14, 2019, A, while under the influence of alcohol of 0.121% of blood alcohol concentration, A driven the said negative car and proceeded at a speed that would not be known in the direction of the geographical distance from the luminous tri-distance to the front side of the F cafeteria in the west-gun, west-gun. On the same day, Defendant B driven a low-speed motor vehicle and proceeded at a speed that would not be known in the direction of the luminous tri-distance from the direction of the luminous tri-distance.

At the time, there are nights, and there are no street lamps, and thus, it is difficult to secure the view, so a person engaged in driving a motor vehicle has the duty of care to check the safety of the course by reducing the speed and checking well the right and the right and the right of the road, and to prevent accidents by driving the motor vehicle.

Nevertheless, under the influence of alcohol, Defendant A got the victim G (Seoul, 56 years old) who was in the vicinity of the median line due to the negligence of neglecting this, and got the victim G (Seoul, 56 years old) in front of the left side of the No. N.N. car, and caused the victim to fall off on the one-lane of the opposite road 31 meters away from the right side of the No. N. Defendant B, while neglecting the above duty of care, took the victim’s her course away from the first line of the road as above by negligence, and took the victim’s her right away from it.

As a result, the Defendants caused the death of the victim due to the above occupational negligence, such as the ductal damage (cerebral damage) and the dual damage.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of H;

1. A traffic accident report;

1. Report on detection of, and investigation into, a host driver (calculated with the mark);

1. A death diagnosis report and a written autopsy and appraisal report;

1. Application of Acts and subordinate statutes on site photographs, photographs, CCTVs, and boombox photographs of traffic accidents 1.