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(영문) 의정부지방법원 2016.11.17 2016고단2856

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area.

On April 19, 2016, at around 01:40, the Defendant driven the said car while under the influence of alcohol of 0.136% of alcohol concentration, and led to two-lane roads prior to the "EE Beauty Room located in Seocheon-si, Gyeonggi-do."

Since there was a vehicle in the front door, there was a duty of care to safely drive the driver of the vehicle by accurately manipulating the steering room and the right and the right of the driver of the vehicle and accurately manipulating the steering gear, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant was driven by the injured party F (year 41) who is proceeding in the front bank due to negligence while neglecting this, and was driven by G MT 3.5 tons of freight 3.5 tons, and received the part on the left side of the said spath to the front part of the car at the right side of the said spath.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim F, such as salt, tensions, etc., on the part of the high pipe that requires approximately two weeks of medical treatment, suffered from the victim H (25 years of age) who was the passenger of the said spati-type car for about eight weeks of medical treatment, and at the same time, caused the victim I (28 years of age) to die at the same victim I (28 years of age) on April 19, 2016, around 02:26, 16, the 1648 Gyeonggi-do Macheon-ro, Macheon-si, Macheon-si, Gyeonggi-do Medical Center. The Defendant caused the death of the victim J (24 years of age) on April 19, 2016, due to cerebral tension, etc. from the two mouths at the Lacheon-si Hospital located in Gyeonggi-do, Macheon-si, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of the accused or H by the prosecution;

1. Statement of the police statement concerning F;

1. A traffic accident inspection report, accident site, relevant vehicle, etc.;

1. Written appraisal of blood alcohol and investigation reports (demark);

1. Application of Acts and subordinate statutes to each inspection report and each medical certificate;

1. Relevant Article 148-2 of the Road Traffic Act concerning criminal facts;