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(영문) 울산지방법원 2017.09.26 2017고단2801
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a car with Dsch Rexroth.

On June 12, 2017, the Defendant driven the said car as around 20:25, and driven the front road in Ulsan-gun E, Ulsan-do at a speed of about 60km in the speed of about 10km from the west-gu, Chungcheongnam-do, Chungcheongnam-do, the lower court, at the right speed of about 60km.

At the time, the passage of pedestrians at night is frequent. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by safely driving the motor vehicle, such as taking into account the traffic situation at front and right and right and right and right and right and right, and accurately manipulating the steering and steering devices.

When the Defendant neglected to do so while under the influence of alcohol concentration of 0.085% in blood and proceeded as they are, the Defendant found the victim G (n, 64 years old) crossing the road from the left side of the said car driving direction to the right side of the said vehicle (n, 64 years old) late, and received the victim from the victim in front of the said vehicle driving by the Defendant, and caused the victim to die due to pulmonary damage, etc. at the I hospital located in Ulsan-gu, Ulsan-gu, Busan-gu, on the same day, around 21:07.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

2. Defendant 1 driven the said car under the influence of alcohol concentration of about 0.085% from the apartment parking lot in which the name located under the Culri-gun, Ulsan-si, Ulsan-do, Ulsan-do at the time of the above paragraph 1 to the above F. Defendant 1 driven the said car under the influence of alcohol content of about 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, on-site photo of a traffic accident, arrest report of a case, notification of the result of crackdown on drinking driving, a situation report on a driver who takes the main place, a tea inquiry, and a corpse inspection report

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;

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