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(영문) 부산지방법원 서부지원 2018.05.04 2018고단283

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person who is engaged in driving of a motor vehicle lurged by Chump in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Settlement of Traffic Accidents.

On December 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.069% among blood transfusion 04:50 on December 9, 2017, and led to the driving of the said car at the speed of 30 to 40km from the Gu office of Gangseo-gu to the east-do along the alleyway from the Gu office of Gangseo-gu.

Since there was an intersection without a signal, there was a duty of care to safely drive a motor vehicle by checking whether there is another motor vehicle that has been no other motor vehicle that reduces speed and well sees the left and right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to drive at the speed of the Defendant’s vehicle, fell into the front part of the Defendant’s vehicle in front of the G Poter drive of the Victim F (65 years old), which was straighted along one lane from the side of the restaurant in each country where the Defendant will drive at the speed of the said intersection.

As a result, the Defendant caused the injury to H (V, 61 years of age) who is the passenger of the victimized vehicle due to the foregoing occupational negligence, such as multi-live inception inception disorder, etc., which requires three weeks of medical treatment, and, at the same time, caused the victim F to die due to the pulmonary trauma in Busan-gu Busan-gu Busan-gu Busan-gu Hospital at around 00:24 on the 30th day of the same month.

2. On the same day as paragraph 1, the Defendant was driving a vehicle from the J parking lot located in Gangseo-gu Busan Metropolitan City I to the E intersection located in D, with a blood alcohol concentration of about 0.069% under the influence of alcohol from about 1km to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A traffic accident report;

1. A report on the detection of a primary driver;

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

1. The relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents;