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(영문) 대전지방법원 2015.07.08 2015고단1233

교통사고처리특례법위반등

Text

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving a Crane car.

On January 31, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.144% 0.0% around 03:00 and proceeded along the two-lanes in the direction of the Jung-gu office in the direction of the Seo-gu Daejeon National Culture Center, which is located in the center of Daejeon-gu.

Since there was an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by safely driving the vehicle according to the traffic signal by reducing speed and checking the side well.

Nevertheless, even if a signal was changed to a vehicle stop signal, the Defendant neglected this and caused the victim F (V, South, 4 years old) who was on the front part of the victim D (V, 64 years old) driving E-ro taxi in front part of the said 12-day driver's car and was on board the said 48 years old car to suffer approximately seven weeks of care, the left-hand pelle pelle pelle pelle pelle Ga, etc., the victim G (V, 21 years old), who was on the car, in need of approximately seven weeks of medical treatment, to suffer from the victim H (V, 20 years old), the victim H, who was on the right-hand pelle pelle pelle pelle pelle 26 days of medical treatment, and caused the victim's death due to the feling of the 03:26 years old Do, etc., and caused the victim's death.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of I, G, and H;

1. Application of Acts and subordinate statutes to the practical condition survey report, corpse inspection report (D), notification of the result of the drinking driving control, the circumstantial statement of a drinking driver, diagnosis report (F, H, G) and estimate, and the photograph of black image image;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts;