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(영문) 대구지방법원 영덕지원 2019.02.27 2018고단242
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2018, the Defendant, at around 17:59, driven a motor vehicle from the front of the “C cafeteria” road located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the D-do road, under the influence of alcohol of approximately 2.2km to the degree of approximately 0.055% of alcohol level, while under the influence of alcohol at approximately 0.05%.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) by the Defendant is a person engaging in driving a vehicle E-A-Wood EX.

around 17:59 on October 30, 2018, the Defendant driven the said car from the surface of the territorial sea to the surface of the window water.

At night and at the front of a passenger car operated by the Defendant, the victim F (75 years old) was driving, and thus, the driver of the vehicle had a duty of care to live well in the front and to prevent the accident by driving the vehicle safely.

Nevertheless, the Defendant, while neglecting his duty under the influence of alcohol, led to a sudden progress by the Defendant, and brought down the back part of the left side of the said horse driving by the Defendant F with the top part before the right-hand of the said car.

Ultimately, the Defendant caused the victim F’s death by occupational negligence by causing injury to external wounds, etc., and caused the victim G (V, 75 years of age) who was driven by the Victim F to die in the light of the Plaintiff F, due to the injury of external wounds, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H, I, J, and K;

1. Each report on investigation;

1. Report on the occurrence of a traffic accident, report on the results of the drinking driving control, report on the circumstantial statement of a drinking driver, report on the actual condition of a drinking driver, inspection report on the vehicle register, emergency medical services log, and report processing table on the 112 reported case;

1. A corpse inspection report, each postmortem report, and a death diagnosis report;

1. Application of the Acts and subordinate statutes governing each photograph, each electronic map, and field care;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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