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(영문) 대전지방법원 2017.08.18 2017고단2265
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) by the Defendant is a person engaging in driving a franchise-free car;

On March 16, 2017, the Defendant driven the said car under the influence of alcohol content of 0.060% during blood transfusions on March 22:53, 2017, and driven the said car at a ec.m. 1 lane in front of the D convenience store in Seo-gu Daejeon, Seo-gu, Daejeon, with the speed of ec.g., from the viewing side to the walking speed.

At night and its location had been frequently passed by pedestrians, thus, the driver had a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the right and the right, and by accurately manipulating the steering gear and the brakes.

Nevertheless, under the influence of alcohol, the Defendant got the victim F(75) crossing the road to E cafeteria from the direction of the E cafeteria convenience store due to the negligence of driving the road beyond the floor.

Ultimately, on March 30, 2017, the Defendant caused the death of the victim due to the above occupational negligence by pressure on brain and the cardiopulmonary cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon in the Jung-gu Daejeon District University Hospital located in Seo-gu, Daejeon.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B-low-income vehicle under the influence of alcohol with 0.06% alcohol concentration in blood at the places as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of a death diagnosis certificate;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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), and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol driving and the selection of imprisonment with prison labor);

1. Article 37 (former part of the Criminal Act, Article 38 (1) 2 and 38 (2) and Article 50 (limited to the aggravated punishment for concurrent crimes as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents (Death and Injury)) of the Act on the Aggravated Punishment of Concurrent Crimes, on the condition that the punishment shall be aggravated by imprisonment (to the extent that the total of the long-term punishment for the above two crimes)

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