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(영문) 창원지방법원 통영지원 2013.10.08 2013고단708
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a passenger car.

On August 24, 2013, the Defendant, while under the influence of alcohol of 06:00, 0.156% of blood alcohol concentration, was driven by the said vehicle and was assigned to the Gosung-gun in the Gyeongnam-gun, the Defendant proceeded with the two-lane national highways of about 14 degrees in front of the Kuman-gun National Road, which is located in front of the Kuman-gun National Road, at the speed of about 70km from the parallel to the Changwon.

At the time, there was a pedestrian crossing in which signal lights are installed, and thus, it was confirmed whether a person engaged in driving of a motor vehicle is a person who gets off the road by reducing the speed and checking the road well, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, even though the Defendant neglected it and the signal was changed to a stop signal while driving at the same speed, the Defendant found the victim D (the age of 71) who was driving on the crosswalk from the right side to the left side in accordance with the pedestrian signals at the same speed, and operated the crosswalk rapidly. However, the Defendant did not avoid it and did not go against the Defendant's bicycle front-hand side of the victim's bicycle front-hand side, caused the victim to go against the Defendant's bicycle front-hand side in front of the front front-hand glass of the car, and caused the victim to go beyond the floor.

Ultimately, at around 08:50 minutes of August 24, 2013, the Defendant caused the death of the victim due to a low-tension shock from the F Hospital located in E at the window of the Changwon-si, Changwon-si, Gyeongwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An investigation report (related to attachment of a death diagnosis report);

1. Application of Acts and subordinate statutes to reports on detection of drivers and the actual survey report on traffic accidents;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and the punishment of imprisonment without prison labor.

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