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(영문) 전주지방법원 정읍지원 2017.05.18 2017고단46
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving a car of rocketing siren.

On November 28, 2016, the Defendant driven the said car under the influence of alcohol content of 0.107% during blood transfusions on November 28, 2016, and led the Defendant to drive the said car under the influence of alcohol content of 0.107% at a speed of approximately 63 km per hour on the front line of the police box in front of the sending box in a written statement on the west-gun, the original body located in the northwest-do.

Since the place has a restricted speed of 30 km per hour as a children protection zone, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle, such as complying with the restricted speed, thorough operation of the steering gear, and proper operation of the steering gear, even if the driver of a motor vehicle drives domestic drinking, he/she has a duty of care to safely drive the motor vehicle.

Nevertheless, the Defendant neglected his duty to drive a drinking while driving a motor vehicle and driving a restricted speed exceeding about 33 km, and due to the negligence of driving a speed exceeding 63 km from the left side of the motor vehicle driving direction of the Defendant, the part of the victim D (the age of 78) crossing the road to the right side of the motor vehicle driving direction of the Defendant was taken as the front part of the motor vehicle of the Defendant, and turned the victim over the floor.

Ultimately, the Defendant caused the death of the victim due to the injury to the blood relative at the site of the above accident at around 18:40 on the same day by occupational negligence.

2. On November 28, 2016, the Defendant was driving a C rocketing car under the influence of alcohol content of 0.107% at the 7km section of the calendar, before the funeral ceremony, located in the front of the funeral hall located in the Northwest-gun of North Korea, on November 28, 2016, from the day before the funeral hall located in the same military, to the road before the funeral box located in the same military as that located in the original military.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A death certificate;

1. Notification of traffic accident analysis results;

1. A copy of the ledger using a drinking-free measuring instrument, and a report on the detection of a driver;

1. Application of the Acts and subordinate statutes concerning the evidence of traffic accidents.

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