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(영문) 대구지방법원 서부지원 2018.10.31 2017고단3209

교통사고처리특례법위반(치사)등

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

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

Reasons

Punishment of the crime

1. On September 1, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) and the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) led the Defendant to drive the said car under the influence of alcohol concentration of 0.167% in a state of under the influence of alcohol on the back seat of the victim C (FF, 17 years of age) and the victim D (FF, 17 years of age) on the back seat of the passenger, and drive the said car under the influence of alcohol concentration of 0.167% in the blood, thereby proceeding in front of the road in front of the 1-lane Special Metropolitan City, Daegu-gun, Daegu-gun, Seoul Special Metropolitan City, on the face of sexual

Since there is a 10-lane road from which a median line is installed, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle should operate the steering gear accurately so that the driver of a motor vehicle should safely drive the motor vehicle within the center line.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering gear without operating it properly, and was caused by negligence that intrudes the central line, and received street lamps installed on the opposite road beyond the central line as the front part of the said car.

Ultimately, the Defendant caused the Defendant’s occupational negligence to death of the victim C, i.e., injury to the right pelle executives in need of approximately 16 weeks’ treatment, and the victim D, at the Daegu-gu Nam-gu University Hospital, Daegu-gu, Daegu-gu, 17:33, at around 05:31 on the same day, caused the death of the victim C due to ordinary damage.

2. On September 1, 2017, the Defendant was driving the said GM5 car under the influence of alcohol concentration of approximately 0.167% from the 2km section to the road in front of the “Finging practice place” road located in Daegu-gu Seo-gu, Daegu-gu, Daegu-gun, to the road in front of the GM5 car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and C;

1. A report on the occurrence of a traffic accident and the report on a traffic accident;

1. A report on collection of blood from a drinking driver, a report on detection of a drinking driver, and an investigation report (with respect to the blood alcohol concentration in the blood at the time of the suspect's accident);