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(영문) 인천지방법원 2013.07.11 2013고단1598

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

except that 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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a DNA car.

On November 21, 2012, around 04:36, the Defendant driven the said vehicle at a speed of 0.083% under the influence of alcohol concentration at a 0.083% under the influence of alcohol content by driving the said vehicle at a speed of 196% in the direction of the lower school in the direction of the lower school.

Since the location is a hond road, which is a road bended by a rain, at night at time and without a sidewalk distinction, a person engaged in driving service has a duty of care to prevent accidents in advance by checking whether there is a pedestrian at the edge of the road, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a stroke and did not see the front side properly, and the Defendant shocked the victim E (the age of 82) who was walking at the right edge of the road driving direction.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the long-term damage caused by the right-to-hands, clothes, and alleys.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol by 0.083% of alcohol content at a distance of about 40km from the street in front of the “Saindokdoz” in Il-gu, Solsan-gu, Sinsan-si, Sinsan-si, Incheon, to the front side of the Yangyang-si, Mansan-si, Sinsan-si, Incheon, Yangyang-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, accident site, and evidence and photographs;

1. Reports on detection of drivers, reports on the circumstantial statements of drivers, and investigation reports (applicable with the Corruption mark);

1. A corpse of corpse;

1. Application of the Acts and subordinate statutes on the written appraisal and reply to each request for appraisal;

1. Business due to the legal traffic accident applicable to a crime;