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(영문) 대전지방법원 천안지원 2015.10.02 2015고단957

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On March 1, 2015, the Defendant driven the said car on March 1, 2015, and continued the front way C in the Asan City from the East Asian Company Distance to the trifeas apartment site.

At the time, a new wall was the front door, and there was a blind distance where crosswalks were installed. In such a case, there was a duty of care to prevent accidents, such as reducing speed and checking the front door.

Nevertheless, under the influence of alcohol, the Defendant proceeded without reducing the speed without leaving the front, and did not find out the victim D (W, 77 years old) on the left side of the Defendant’s running direction, where the Defendant opened the road to the left side of the Defendant’s running direction, and did not get the victim’s left side part of the motor vehicle left side of the Defendant’s motor vehicle.

Ultimately, at around 14:13 on March 1, 2015, the Defendant caused the death of a victim who was under the follow-up treatment by occupational negligence, due to a low-weight shock from the malone in the Yancheon-gu Yannam-gu Yancheon-gu Yancheon-gu Yancheon-gu Hospital.

2. On March 1, 2015, at around 06:15, the Defendant driven a B-to-purd vehicle under the influence of alcohol with a blood alcohol concentration of about 0.079% at the section of approximately 1k from the 1km B from the adjacent road to the 3rd 69-dong, which is located in Asan City C-to-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E;

1. A report on actual condition, a report on the results of the control of drinking driving, and a report on investigation (with respect to the surroundingctv images); and

1. Statement of a written diagnosis of death;

1. Application of statutes on images of on-site photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;