beta
(영문) 대구지방법원 안동지원 2020.05.13 2019고단973

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a car of ccomo-sports cargo;

At around 14:20 on September 3, 2019, the Defendant driven the said car with a blood alcohol level of 0.065% and proceeded with the two-lane roads in front of D in Ansan-si C while driving the said car at the same time. The Defendant, at the right angle of the narrow distance, tried to go to the spolog and the spokes.

At the same time, since the low-level road was down, there was a duty of care to safely drive the driver by seeing the front door and the right and the right and the right, and accurately operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering and steering gear accurately, and was found to have been in front of the above cargo vehicle by the victim E (W, 76 years old) who was in order to sell the boom on the right side of the front direction of the defendant's running route.

Ultimately, at around September 3, 2019, the Defendant caused the death of the victim by occupational negligence, such as external shocks at G Hospital located in the Ansan-si F, Andong-si on September 3, 2019.

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, driven B co-sports cargo vehicles under the influence of alcohol with a blood alcohol level of 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to the offender's place, report on the occurrence of a traffic accident, report on the actual situation (including photographs), report on the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the control of drinking driving, report on the occurrence of a traffic accident, and proposal for direction;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(3)3 of the Road Traffic Act and Article 44(1) of the Road Traffic Act concerning criminal facts;