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(영문) 광주지방법원 목포지원 2017.12.08 2017고단1184
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle in the CMF5 vehicle.

On September 15, 2017, the Defendant driven the above car at around 21:14, while driving it on a one-lane road at the entrance entrance of the two villages located in 197 as the Gun in the southan-gun, the Defendant became to turn to the left at the village of the mountain village from the south sports middle school.

At the time of night, there was a duty of care to prevent accidents in advance by safely operating a person engaged in driving of a motor vehicle by accurately operating the steering room and the right and the right and the right of the motor vehicle and the steering gear.

Nevertheless, while the defendant neglected this and driven a left-hand turn by negligence while driving the above vehicle in the state of drinking, he shocked the retaining wall installed at the edge of the road with the upper part of the upper part of the above vehicle's right.

Ultimately, the Defendant caused the death of the victim D (V, 58 years of age) who was on board the top of the operation of the said car due to the foregoing occupational negligence at the F Hospital located in E at the time of Ma on September 30, 2017.

2. On September 15, 2017, the Defendant: (a) driven a C car under the influence of alcohol with approximately 0.075% alcohol level from the 1km section to the front day of entrance of the village at the same Eup/Myeon located in the Eup/Myeon located in the Southern-gun, the Southern-gun, the Southern-gun, the Southern-gun, the Seoul-do Seoul-do-gun, the Southern-do-gun, the Southern-do-gun, and the same Eup/Myeon-do-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports (videos recorded byCCTV);

1. Statement report on the circumstances of a driver who is placed in driving, notification of the results of crackdown on drinking driving, and report on traffic accidents (report on actual condition);

1. Application of Acts and subordinate statutes to the scene photographs of traffic accidents and death certificates;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of an occupational and dental physician, the choice of imprisonment without prison labor), Article 148-2(2)3 and Article 44 of the Road Traffic Act.

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