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(영문) 대구지방법원 2015.05.14 2015고단1190

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

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

On January 26, 2015, the Defendant, while under the influence of alcohol on 0.13% of blood alcohol concentration, was driving the said rocketing car at a 0.133%, and was in the city of Gyeongsan, the Defendant continued two-lane roads near the 100-meter radius from the nive distance to the nive distance from the nive distance to the nive distance to the 40-km speed.

Since there is no signal signal, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person to reduce the speed and to see it well, and to prevent the accident in advance by driving safely.

Nevertheless, under the influence of alcohol, the Defendant neglected it and found the victim D (the age of 79) who was crossing the right from the left side to the right side of the street with the negligence of neglecting it, and neglected to do so, and caused the victim to go beyond the right side of the above walking machine with the front wheels of the above walking machine in front of the left side of the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the middle-gu, Daegu-gu, at around 20:55 on the same day, from the time of the death of the victim due to a low blood shock from the framework of the alley, such as the alleys, at the Gannam University’s movable property hospital.

2. Around 18:10 on January 26, 2015, the Defendant driven the said rocketing car under the influence of alcohol content of about 0.13% from the 3km section from the person who was in the same side of the same side of the road as the “open cafeteria” located in Ulsan-ri, if the Defendant was a person in Busan-si, to the same side of the road, to the nearby road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a actual survey report;