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(영문) 대전지방법원 서산지원 2018.08.09 2018고단606

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 26, 2011, the Defendant violated a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) at the Incheon District Court on December 26, 201, and on January 5, 2015, the Defendant violated the prohibition of drinking by receiving a summary order of KRW 2,00,000 as a fine for the same crime at least twice in the same court.

[Criminal facts] The Defendant is a person who is engaged in driving of the Eresh Freight truck.

On April 4, 2018, the Defendant driven the above cargo vehicle while under the influence of alcohol 0.094% during blood transfusions, and proceeded at a speed of about 60km per hour from the border of the old intersection to the intersection of the island with a large distance of 0.094% in the speed of 0.00 meters.

In this case, there was a duty of care to safely operate a driver of a motor vehicle by accurately operating the steering room and the right and the right and the right of the driver of a motor vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 전방에서 도로 우측 가장자리를 따라 같은 방향으로 보행 중인 피해자 G( 여, 64세 )를 피고 인의 위 화물차 앞 범퍼 부분 등으로 들이받아 그 충격으로 튕겨 나간 피해자 G가 전방에서 같은 방향으로 보행 중인 피해자 H( 여, 71세) 의 좌측 어깨에 부딪치게 하였다.

Ultimately, the Defendant caused the death of the victim G in the emergency room of the Siljin General Hospital located in the degree of 5-15, a half of the Siljin-si in the same day due to the above occupational negligence, and at the same time suffered injury to the victim H, such as the left-hand gate, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement prepared by H;

1. Report on the occurrence of a traffic accident;

1. A report on traffic accidents and a survey report on actual condition;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A death certificate;

1. A medical certificate;

1. On-site photographs;

1. A previous conviction in judgment: