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(영문) 서울남부지방법원 2017.05.11 2016고단6494

교통사고처리특례법위반(치사)등

Text

Defendant

A Imprisonment with prison labor for ten months, and Defendant B shall be punished by imprisonment without prison labor for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of 124cc Orala without a license plate, and Defendant B is a proxy engineer and is a person who is engaged in driving a H SP car.

1. Defendant A

A. On February 22, 2016, the Defendant driven the above Obaon on the 03:12th day of December, 2016, and proceeded at a speed of about 83 km in speed, depending on one lane, on the two-lane roads in front of the underground vehicular road of 279 (O) Yangcheon-gu Seoul Metropolitan Government.

At the time, there are nights, and there is a retaining wall that separates the underground lane from the road in the front section, so in such a case, the driver of the motor vehicle has a duty of care to live the front section well and accurately manipulate the steering gear, brake system, etc. to prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, did not properly operate the steering gear, fluorddly fluordly fluenites by negligence while driving the steering gear, and, after shocking the retaining wall of the underground vehicular road, caused the victim I (20 o) who was on the rear fluor to fall off on the road, and fluored a brue at the same place.

B Operation was governed by the H SP car.

Accordingly, around 09:02 on February 22, 2016, the victim caused the victim to die from low-blood shocks caused by the diversous drosis and the diversous diversous diversous diversous divers from the sexual hospital emergency room at the Glore University located in Yeongdeungpo-gu Seoul Metropolitan Government 63-10(noric diversic dives).

B. At the same time as referred to in the preceding paragraph, the Defendant driven the above Obaba in the state of under the influence of alcohol content of about 0.061% from the 3km section of blood from the front side of the Handong-dong, Yangcheon-gu, Seoul to the front side of the underground roadway 279 (O) of the same Gu.

2. Defendant B driving the said car on the road above the above-day border at a speed of about 16 km per hour.

At the time, it is night, and there is a retaining wall that separates an underground lane and a road from it.