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(영문) 의정부지방법원 2017.06.23 2017고단1255
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

1. On November 4, 2016, the Defendant: (a) driven a DNA car while under the influence of alcohol content of 0.082% in alcohol while under the influence of alcohol at around 19km-ro, an inland dong-ro, 19, the village of the city of Gyeonggi-si, Gyeonggi-do, to the road located in the Namyang-si, Namyang-si; (b) on November 4, 2016, the Defendant was driving a DNA car in the state of under the influence of alcohol content of 0.082%.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a motor vehicle with D UAD.

On November 4, 2016, the Defendant, as in the preceding paragraph of the around 23:30 on November 4, 2016, had a road located in Gyeonggi-si, Namyang-si, with two-lanes in Seoul as Seoul Myeonk-do.

At the time, there was a crosswalk at which a signal, etc. is installed at night, so the Defendant, who is engaged in driving a motor vehicle, has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as checking the front, rear and left well, operating the steering gear and brakes accurately, observing the signal, keeping the signal, and checking whether there is a pedestrian or not.

Nevertheless, the Defendant neglected this and neglected to comply with the alcohol signals, neglected to perform the duty on the front side, and due to the negligence of proceeding, the Defendant’s victim E (17 tax) who was placed on the right side of the crosswalk on the front side of the Defendant’s car.

After all, the Defendant caused the victim to die by occupational negligence on November 5, 2016, at the Gi government Maro-ro 271, Gicheon-ro, Gicheon-ro, Gicheon-ro, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment (the occupation of, and the selection of imprisonment without prison labor) concerning criminal facts, and Articles 148-2(2)3 and 44 of the Road Traffic Act.

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