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(영문) 대전지방법원 서산지원 2015.04.30 2015고단164
교통사고처리특례법위반등
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

Punishment of the crime

1. On January 4, 2015, the Defendant: (a) driven C Poter truck under the influence of alcohol with approximately KRW 0.124% of alcohol concentration at the section of about 3km from the Do in Seosan-si to the road at approximately 400 meters away from the same Do in the same city north-west-do.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving Category C cargo vehicles.

On January 4, 2015, at around 18:55, the Defendant driven the above cargo while under the influence of alcohol of 0.124% with a blood alcohol concentration of 0.124%, and led to two-lanes of the two-lane road near the ancient intersection in the Yellow Sea in Seosan-si.

At the same time, the victim D (the age of 59) is at night, and the E X-ray car is being driven by the victim D(the age of 59) at the front, so there was a duty of care to prevent the accident by safely driving the vehicle by checking whether or not the vehicle is driven well.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so and neglected to do so, and received the front side of the above passenger car as the front side of the cargo vehicle operated by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained cerebrovassis from the victim F (the 60-year old age), who was on the top of the operation of the said car, due to the above occupational negligence, caused the death of the Cheongnam Islands Medical Center located at the center of Seosan-si, 149 (Tlime-dong), around 19:32 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on traffic accidents and reports on the results of regulation of drinking driving;

1. Images and photographs related to traffic accidents and traffic accident-related photographs;

1. Application of Acts and subordinate statutes to autopsy reports and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts and special cases concerning the settlement of traffic accidents;

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