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(영문) 전주지방법원 2014.10.24 2014고단1452

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car car.

On August 14, 2014, the Defendant driven the said car while under the influence of alcohol 0.054% of alcohol level 0.054%, and driven the said car at a speed of about 60km per hour from her department store to her former North Korean University.

At the time, at night, the signal was installed, and there was a duty of care to reduce the speed and to see the right and the right of the driver of the motor vehicle well, and to safely pass the intersection according to the new code.

Nevertheless, by negligence in violation of the good faith while under the influence of alcohol, the Defendant was driven by the victim D (the 69 years of age) who was driven by the victim D (the 69 years of age) who was driven by the Defendant’s right line at the left-hand side of the running direction of the Defendant, as the front-hand part of the said car of the Defendant.

Ultimately, at around 05:40 on the same day, the Defendant: (a) caused the victim D to die in the pre-North Korean University Hospital located in 365, Seogjin-gu, Seogjin-gu, Seogdong-gu, Seoul, and (b) caused the victim F (28 years of age) who was on board the said taxi to die in the same day, on the same day, around 02:41 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident site, and an accident vehicle photograph;

1. The photographs of each deceased person and each death report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving);

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.