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(영문) 대전지방법원 서산지원 2014.07.25 2014고단471

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for one year.

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 sports cargo vehicle.

On March 20, 2014, the Defendant driven the above cargo while under the influence of 0.106% of alcohol concentration in blood on March 20, 2014, and continued the 81-way path in the Sorari-si, Sorari-si, Sorari-si to the primary agent.

At the same time, the location was difficult and the width of the road was narrow soft length, and the driver of the vehicle had a duty of care to prevent accidents by accurately manipulating the front section and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and led the Defendant to shock the front part of the cater which was driven by the victim D(75 years old) who was going to the crypted area in the front of the string sports cargo vehicle.

Ultimately, the Defendant caused the death of the victim D due to cerebral blood, etc. at the E Hospital located in the Gu during the Ansan-si period where the victim D was under medical treatment at around 06:10 on March 21, 2014, and suffered injury to the victim F (n, 67 years of age) who was accompanied by the damaged vehicle for about six weeks.

2. On the date and time set forth in paragraph (1), the Defendant driven a Crocketing sports cargo vehicle at approximately 2.5km from the central funeral hall in the Magak-gu, Magdong-gu, Magjin-si to the front day of the same Magyeong-ri, Magyeong-ri, Magyeong-ri, Magyeong-ri, Magyeong-ri, the Defendant was under the influence of alcohol content 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G and F;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Settlement of Traffic Accidents by which the relevant criminal facts are applicable, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by which the punishment is to be imposed (the occupation of