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(영문) 수원지방법원 성남지원 2017.12.22 2017고단2620
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CYF-R6 Oral cY-R6.

On June 13, 2017, the Defendant driven the above Orala while under the influence of alcohol content of 0.126% in blood around 04:04, and transferred the tri-distance at the entrance of Gwangju IC in the middle of the Gyeonggi City to Gwangju Viewing from the view of Gwangju IC.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to safely drive the motor vehicle on the right side of the center line and prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Defendant as a front part of the E Cost Sheet, which was driven by D while in the opposite direction at the first-lane of the opposite direction by neglecting the speed without neglecting it at a speed, and by neglecting it as it was, the Defendant was completely driven by the Defendant.

Ultimately, the Defendant caused the death of the Victim F, who was on the back of the Obane due to such occupational negligence, from the H hospital located in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report, a traffic accident occurrence report, and on-site photographs;

1. Statement on the circumstances of the driver involved, response to the results of appraisal, and report on the detection of the driver involved;

1. Application of the Acts and subordinate statutes concerning a photograph of traffic changeers and a written examination report;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of and the selection of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol driving and the selection of imprisonment with prison labor);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents [the scope of punishment recommended for a crime that violates the Act on Special Cases concerning the Settlement of Traffic Accidents] shall be two types of general traffic accidents;

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