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(영문) 대전지방법원 천안지원 2017.05.18 2017고단788
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a G knife vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 18, 2017, around 01:35, the Defendant driven the said vehicle under the influence of alcohol level of 0.093%, while under the influence of alcohol at a 0.093% alcohol level, the Defendant driven the said vehicle at a speed of 70km.

At the time, there were night and vehicles standing in front of the defendant's moving direction, so in such cases, there was a duty of care to safely drive the vehicle to prevent the accident by driving the vehicle safely, such as driving the vehicle on the front side and accurately manipulating the steering gear, etc.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation system under the influence of alcohol while neglecting his duty of her front time, the Defendant shocked the front part of the Defendant’s driver’s vehicle into the front part of the Defendant’s driver’s vehicle and caused the victim H and the victim J (30 years old) in front of the said vehicle to be pushed ahead of the front part of the said vehicle. At the same time, the victim JJ, which was parked in front of the said vehicle, led the victim H and the victim J (30 years old) to look back on the front part of the said vehicle.

Ultimately, on February 21, 2017, around 11:40 on February 21, 2017, the Defendant: (a) caused the death of the victim H at the M Hospital located in Asan City L with training horse expenses; (b) at the same time, the victim J suffered bodily injury, such as mination of flads to the right flads, which requires approximately 12 weeks medical treatment; and (c) at the same time, the victim N, who was accompanied by the said BMW car, suffered bodily injury, such as light flads, which requires approximately 3 weeks of medical treatment.

2. On February 18, 2017, the Defendant violated the Road Traffic Act (divated driving) at around 01:35 on a tent.

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