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(영문) 서울동부지방법원 2019.05.16 2019고단270
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 8, 2018, the Defendant driven the said car under the influence of alcohol of 0.081% in blood alcohol concentration around 07:50 on December 8, 2018, and led the two-lanes of the two-lane 2-lane Do in Young-dong, Gwangjin-gu, Seoul, to drive the two-lanes of the two-lane Do in the direction of north from the south side to the north side.

In such cases, a person engaged in driving of a vehicle shall not drive the vehicle under the influence of alcohol, and since it is higher than the center line with yellow solid lines installed, all drivers of vehicles have a duty of care to prevent traffic accidents by passing the center right side of the road.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded with the right-hand protection wall while driving, and then faced with the center line, and got the front-hand part of the D Ra car driven by the victim C(the age of 46) who was driving a two-lane to the front-hand part of the Defendant’s vehicle, and received the front-hand part of the D Ra car driven by the victim E(the age of 66) who continued to drive at the two-lane, and received the front-hand part of the F 5 car driven by the victim E(the age of 66).

As a result, the Defendant suffered injury to the victim C, such as brain-dead in the absence of any one in which approximately three weeks of medical treatment is open, due to the above occupational negligence, and at the same time, the Defendant caused the victim E to die due to damage to the dual body at G Hospital around 11:01 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. A traffic accident report, a report on the occurrence of a traffic accident, a field photograph of the accident, a medical certificate, and a death medical certificate;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Application of Acts and subordinate statutes to photographs by cutting a boom image of a victim taxi;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts.

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