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(영문) 수원지방법원 평택지원 2013.10.02 2012고합424

교통사고처리특례법위반

Text

Defendant

A A Imprisonment without prison labor shall be punished by a fine of KRW 7,00,000,00,000, respectively, in one year and six months.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 01:20 on August 15, 2012, Defendant A driven the E New Projection XG vehicle, and proceeded at a speed of approximately 80 km per hour at a speed of about 150 km away from 150 meters prior to the 150-distance flow-based 45 km in Pyeongtaek-Eup, Pyeongtaek-do.

At night, it is difficult for the Defendant to secure the view of the low speed of the land at night. Therefore, the Defendant neglected the duty of care to reduce the speed and drive the front left, and due to negligence on the part of the victim B (the age of 25) who was under the stop while driving a vehicle more than the starting one lane on the front side of the vehicle while neglecting the duty of care to care for the operation of the vehicle. The Defendant discovered the F-crin-ship car which was under the stop at the latest, and caused the traffic accident in which the rear part of the cruise vehicle was under the front part of the Defendant’s driver’s vehicle.

On August 15, 2012, the Defendant: (a) caused the death of the victim G (53 years of age) who was on a new franchise XG vehicle operated by the Defendant due to such occupational negligence; (b) caused the death of the victim G to the hospital at around 01:58 on August 15, 2012; and (c) caused the victim B to suffer an injury, such as fluoral salt, which requires approximately three-month medical treatment.

2. Around 01:20 on August 15, 2012, Defendant B driven a cruise car as referred to in paragraph (1) from the front of the building in which the number of the phone number in Pyeongtaek-si is not known in the Sok-Eup Pung-si WU in the state of alcohol concentration 0.21% under the influence of alcohol without obtaining a driver’s license, to the vicinity of the delivery distance in the same Eup/Myeon.

Summary of Evidence

1. Defendants’ respective legal statements

1. Traffic accident reports, traffic accident reports, reports on the occurrence of a traffic accident, reports on the statement of the status of a drinking driver, reports on the red departure of a drinking driver (blood collection results), reports on requests for appraisal, and written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as a corpse inspection report, diagnosis report (B), and field photo;

1. Article applicable to criminal facts;

A. Defendant A: each of them.