logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2019.05.22 2019고단86
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

1. Around 02:55 on December 15, 2018, the Defendant driven a e-car under the influence of alcohol with a blood alcohol concentration of about 0.086% from the 5km section from the roads in C front, located in the voice group B of Chungcheongbuk-gun to the roads in front, Chungcheong-gun D.

2. The defendant is a person who is engaged in driving a motor vehicle for a franchise.

On December 15, 2018, at around 03:00 on December 15, 2018, the Defendant driven the said car under the influence of alcohol, as described in paragraph (1), and proceeded at a speed of about 64 km per hour from the Fsides of the Chungcheongnam-gun, Chungcheongnam-do.

Since the above place is a road where a yellow solid line is installed, there was a duty of care to protect the driver of the motor vehicle and properly manipulate the steering gear and the brake system according to the traffic situation and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and instead did not properly look at the front line, and got the front part of the H-learning car driven by the victim G (the age of 27) who was driving in the opposite line due to the negligence of driving the center line, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence as well as by the closing of the season due to the diversification of diversity in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control of drinking driving;

1. Investigation report, report on the circumstances of an employee’s driver, report on the circumstances of an employee’s driver, and report on the entry into the military register;

1. A criminal investigation report and a criminal investigation report (part of a crime revision);

1. A written result of autopsy and postmortem examination;

1. A traffic accident analysis report and a traffic accident analysis report;

1. A and the next red inquiry;

1. An accident site photograph;

1. The photograph of a deceased person;

arrow