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(영문) 광주지방법원 목포지원 2016.11.17 2016고단1207
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

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 shall be engaged in driving of Category C Ⅱ cargo vehicles;

On September 7, 2016, the Defendant driven the above cargo while under the influence of alcohol of 0.095% with a blood alcohol concentration of 0.095% on September 7, 2016, and led to a speed of about 60km from the Eup/Myeon area to the additional distance of D in front of the new Gun in the front-west-gun.

At the time, there was a night and safe opening, making it difficult to secure the night, so a person engaged in driving a motor vehicle has a duty of care to reduce the speed and properly see the steering direction and brakes, while accurately manipulating the steering direction and brakes, thereby preventing accidents.

Nevertheless, while under the influence of alcohol, the Defendant did not immediately discover the victim E on the road on the front side of the running direction of the Defendant, due to the negligence of neglecting the speed of the Defendant, and caused the victim to go beyond the road by obtaining the body of the victim on the front left side of the cargo vehicle.

In the end, the Defendant caused the death of the victim due to the injury of chest-resistant complex by occupational negligence as seen above.

2. A statement of anti-competence in the personal identification of the non-face of the Haan-gun of the Haan-gun, Nannam-gun around 02:50 on September 7, 2016 by the defendant in violation of the Road Traffic Act.

From the front of the main point to D, around 03:30 on the same day, the C-II cargo vehicle was driven under the influence of alcohol of about 0.095% in blood alcohol concentration at approximately 5.24 km.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the reports on the occurrence of traffic accidents, actual condition survey reports, each field photo, inquiry into the results of the crackdown on drinking driving, the circumstantial statement of driving, the death certificate, and the comprehensive analysis of traffic accidents;

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

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