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(영문) 대전지방법원 홍성지원 2013.05.24 2013고단249

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B in the Republic of Korea.

On December 7, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.081% 0.081% around 23:11, while driving the said car at the same time and driving the four-lane road near the volcanic Sc Road in Bosa-si, Bosa-si along the three-lanes from the surface of the sloped Sa-si to the surface of the volcanic Sa-dong, the Defendant changed the two-lane to a two-lane.

At the time, the road was at the night, snow, and the road was at a small speed of 70 km per hour, and as the restricted speed is at a point of 70 km per hour, there was a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering gear and the brake system accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to pay a limited speed exceeding 47 km per hour, and operated an emergency, etc. in order to drive a U-turn at the three-lanes in the front direction of the said car, and the victim C(57 years old) who entered the two-lanes, who entered the two-lanes, shocked the left side of the said car into the front right side of the said car.

Ultimately, at around 03:15 on December 8, 2012, the Defendant caused the death of a victim who was receiving treatment in the Gangnam-gu E Hospital in Yandong-gu, Chungcheongnam-gu, Seoul, by means of low blood transfusion shock, etc., and suffered injury to the victim F (year 21) and the victim G (age 46) who was on board the damaged vehicle for about 3 weeks, by their occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. A traffic accident report, a survey report on actual condition, a report on drinking alcohol-making and a report on the actual condition of drinking;

1. A death certificate;

1. A criminal investigation report (Submission of a medical certificate for a victim);

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 268 of the same Act concerning criminal facts, respectively;