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(영문) 전주지방법원 2016.04.19 2015고단2218

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF car.

On August 30, 2015, the Defendant driven the said car under the influence of alcohol level of 0.146% among blood transfusion around 06:10 on August 30, 2015, and continued to drive the said car at a speed of approximately 125 km per hour at a speed of 125 km, depending on the two-lanes towards the oil station located in Seojin-gu, Seoul Special Metropolitan City.

In such cases, since a person engaged in driving service is a section with a speed of 70 km or less per hour, he/she has a duty of care to properly see the speed of restriction, and to accurately manipulate the steering direction and brake system and prevent accidents.

Nevertheless, the Defendant neglected this, while driving a two-lanes in the opposite direction while driving in the opposite direction, and changed the two-lanes in the opposite direction, the Defendant received the front part of the said car from the Victim F (F, 37 years old) driving car as the front part of the said car, and received the said Atotop car as the left part, and received the H treatment 25 tons of cargo vehicles, which were parked in the E-top station parking lot, and led to the front part of the driver’s seat of the freight vehicle.

Ultimately, around 06:34 of the same day by occupational negligence, the Defendant caused the death of the victim due to multiple trauma damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written Statement;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on whether he is dangerous;

1. Consent letter of blood collection and response to a request for appraisal by the National Institute of Science and Technology (92 pages of investigation records);

1. Investigation report (related to the results of a request for appraisal of collection of blood) and report on the detection of the driver at home;

1. Investigation report (the result of ct v video search near the accident site), ctv photographs;

1. A protocol of seizure and a list of seizure;

1. Notification of results of the comprehensive traffic accident analysis;

1. The Acts and subordinate statutes of a death certificate;