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(영문) 부산지방법원 서부지원 2018.11.30 2018고단1295

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two 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 B knife vehicle.

On April 23, 2018, the Defendant driven the above mar while under the influence of alcohol content of 0.090% among blood transfusions on 0:55, and led to the roads of five lanes in front of the Seobub City bus terminal in the Seobu-si Clock in Busan Metropolitan City, Seo-gu, Busan, with two-lanes of speed 85km in Sin-si.

At the time, since it was at night, there was a duty of care to reduce speed and drive safely by accurately operating the steering and steering system to the person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving at a speed exceeding 20 km, and the Defendant got a victim C (49 tax) who dried a road on the right side from the left side of the proceeding direction to the right side.

Ultimately, the Defendant caused the victim to die by occupational negligence by sending it to the emergency room of the Incheon National University, Busan National University, which is located in 75 Busan National University due to the welfare of the Busan National University, and receiving medical treatment. On April 24, 2018, the Defendant caused the victim's death by sule, etc. at around 02:18.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A photograph at the scene of an accident or CCTV at the scene of an accident;

1. A comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of and the selection of imprisonment without prison labor), and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol driving and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act;