교통사고처리특례법위반등
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 became final and conclusive.
Punishment of the crime
1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle B or C.
On February 13, 2016, the Defendant driven the above car at around 01:05, and led the three-lanes in front of the Gangseo-gu Seoul Metropolitan Government Ctel to turn to the left at an irregular speed, depending on two-lanes in the direction of the erogate from the surface of the street park.
Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of the motor vehicle to safely drive the motor vehicle by observing the signal.
Nevertheless, the Defendant, by negligence in violation of the alcohol concentration 0.094% alcohol and left-hand turn-hand turn-hand turn-hand turn-off, shocked the E-motor bicycle driven by the victim D (the age of 22) who was driven by a straight turn signal in the direction of the e-mail tunnel in the direction of the e-mail tunnel by the Defendant’s car side.
As a result, the Defendant caused the victim to die by occupational negligence on March 6, 2016 at the Guro-gu Seoul Metropolitan Government Gyeongsung Hospital located in Guro-ro 427, which caused the death of the victim to the cardiopulmonary function room.
2. Around 01:05 on February 13, 2016, the Defendant driving a car in the above column while under the influence of alcohol content 0.094% from the 2km section from the front of Yangcheon-gu Seoul to the accident place under the above 1.1.
Summary of Evidence
1. Defendant's legal statement;
1. Traffic accident report (1)(2) (including on-site photographs, on-site photographs, vehicle photographs, reports on detection of drinking drivers, circumstantial statements of drinking drivers, internal investigation reports, death reports, and investigation reports (applicable to suspect drinking-free marks); the application of Acts and subordinate statutes;
1. Article 3 (1) of the relevant Act on Criminal Facts, the Act on Special Cases concerning Handling of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Article 37 of the Criminal Code among concurrent crimes.