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(영문) 광주지방법원 2019.02.14 2018고단4046
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) by the Defendant is a person engaging in driving a motor vehicle in B SP land.

On March 31, 2018, the Defendant driven the said car at a speed of about 146 km from juncian to 146 km, while under the influence of alcohol at 0.072% of blood alcohol level, and led to the Defendant’s driving of the said car at a speed of 0.072%.

At the time, it is night and left side, and the speed of which is 60km per hour. In such a case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle according to the road by complying with the speed limit and properly manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected it and failed to properly operate the steering and steering system at a speed exceeding about 86 km per hour, and caused the Defendant’s car away from the right side of the road, and 22.7 meters away from the right side of the road, and finally, caused the collision on the right side of the road at the right side of the future.

Ultimately, at around March 31, 2018, the Defendant’s occupational negligence, resulting in the Defendant’s death of the Victim D (23 years of age) who was accompanied by the Defendant’s passenger car operation chief, from multiple long-term damage at the F Hospital located in Chungcheongnam-gun E, Chungcheongnam-nam, and at the same time, resulting in the Defendant’s death of the Victim G (22 years of age) who was accompanied by the Defendant’s passenger car back at the lower seat of the Defendant’s passenger car (22 years of age) due to multiple prolonged damage at the F Hospital around March 31, 2018.

2. Around 02:00 on March 31, 2018, the Defendant driven a motor vehicle in the Spact area B while under the influence of alcohol at a section of about 20 km from the Hpenta to the front road of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to a degree of about 0.072% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. A traffic accident report (1) a de facto survey report;

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