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(영문) 서울서부지방법원 2016.07.05 2016고단399

교통사고처리특례법위반등

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

However, the execution of the above punishment shall be suspended for a period of 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 who is engaged in the duty to drive the Csch Rexroth.

On December 8, 2015, the Defendant driven the above mix with alcohol content of 0.060% in the blood of 09:06 on December 8, 2015, and led to a five-lane road in front of the present U.S. A., located in Mapo-gu Seoul Metropolitan City, to the speed of about 60km in speed in the direction of the present intersection from the long-distance bank in front of the two-lane.

At the time, from the third to the five-lane of the two-lane, the vehicle was set at the end of the work hours, and the two-lanes, the left-hand turn-hand turn-hand turn-oned by the defendant, have a duty of care to prevent accidents by accurately operating the steering system and the steering system and the steering system for the person who drives the motor vehicle, as the traffic is smooth.

그럼에도 불구하고 피고인은 이를 게을리 하여 위와 같이 술에 취한 상태에서 좌우를 제대로 살피지 아니한 채 만연히 진행한 과실로 때마침 피고인의 승합차 진행 방향 우측에서 좌측 방면으로 도로를 횡단하던 피해자 D( 여, 55세) 을 미처 발견하지 못하고 피고 인의 승합차 앞부분으로 피해자를 그대로 들이받아 약 5m 정도 튕겨 나가 도로에 쓰러지게 하였다.

Ultimately, around December 8, 2015, around 11:15, the Defendant caused the victim to die while receiving treatment from the Gangnam Samsung Hospital located in the Gangnam-gu Seoul Jongno-gu New Design.

2. Around 09:06 on December 8, 2015, the Defendant violated the Road Traffic Act (drinking) driven a car with alcohol content of approximately 0.060% in a section of about 3km from the road in front of the Defendant’s residence in Mapo-gu Seoul Mapo-gu to the front road of the present state of the vehicle located in Mapo-gu Seoul, where the traffic accident occurred.