beta
(영문) 울산지방법원 2019.07.04 2019고단1325

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

1. From around 00:30 on November 12, 2018, DK5 cars were driven under the influence of alcohol with a blood alcohol concentration of about 0.107% at the 1km section from the 1km to the roads adjacent to Yangsan-si, Yangsan-si.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving a DK5 vehicle.

On November 12, 2018, the defendant driving the above car at around 00:30, and driving the above car at around 00:0,000, the above two-lane road at the front of the Yangsan City City also passed along the two-lane road at the boundary of the Yangsan City Police Station at the port of the Yangsan Design Park.

At the time, the lower level of the road was night and the lower level of the road was mil, and the underground lane protection wall was installed on the front level, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving of the vehicle, to see the right and the right, and to prevent the accident in advance by accurately manipulating the steering and the operation of the steering system.

Nevertheless, under the influence of alcohol, the Defendant, without properly operating the steering gear, was placed in the front section of the said car, with the underground-road protection wall installed in the front section at a speed exceeding 36 km a speed exceeding 36 km a speed of 84 km a speed.

The Defendant, by these occupational negligence, killed the victim E (V, 24 years of age) who was on board the top of the operation of the said car due to the damage of chests in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A death examination report and a corpse inspection report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (amended by Act No. 16037, Dec. 24, 201).