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(영문) 전주지방법원 2016.05.24 2016고단236
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a third car.

On February 19, 2016, the Defendant driven the said vehicle under the influence of alcohol 0.094% under the influence of alcohol during blood without obtaining a driver’s license on February 19, 2016, and tried to change the said vehicle into a three-lane road in front of the Han River Park, which is located at the center of the Dobong-dong Dong-dong, Young-dong, Young-dong, Young-dong, Chungcheongnam-do, in the direction of the Dobong-dong, into a three-lane road at the speed of about 70km from the parallel of the Dobong-dong, while driving the said vehicle at the speed of about 70km from the parallel of the Dong-dong.

At the time, the victim D (n, 50 years old) was driving on the three-lanes, and the entire disabled car driven by the disabled is proceeding in the same direction as the defendant, so the driver of the motor vehicle had a duty of care to safely change the car line and prevent the accident in advance.

Nevertheless, the defendant neglected this and did not properly examine the situation of the previous disabled vehicle, and instead changed the previous vehicle into three lanes as it is, and received the left part of the previous disabled vehicle as the front part of the above disabled vehicle's front right part.

Ultimately, the Defendant caused the victim to die by occupational negligence on the 20th 23:24 of the same month from the previous North Korean University Hospital located in the 20th Yejin-gu Seoul Special Self-Governing Province on the 20th 20th day of the same month. The Defendant damaged the foregoing disabled person’s electric car owned by the victim, the market price of which is equivalent to KRW 1,668,000.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A criminal investigation report (calculated of the amount of physical damage);

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a professional and a dental physician) and the Road Traffic Act concerning criminal facts.

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