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(영문) 대구지방법원 김천지원 2018.01.23 2017고단1669
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

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle B in driving freight in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 10, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.119% among the blood transfusion around 18:24 on October 10, 2017, and led to a single-lane road in front of the Gumi-si, Gumi-si, to go from the dives of Taeduk-do.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear of those engaged in driving service and accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected to do so and went through at the front of the same lane by negligence and received the front side of the said cargo vehicle after loading a light boomer D (74 tax) with the victim D (74) who was driving in the same lane.

Ultimately, around October 11, 2017, the Defendant: (a) caused the death of a victim E (the age of 73) who was on board the said horse with the foregoing occupational negligence; (b) caused the death of brain in a middle-patient hospital located in Gumi-si F in Gumi-si, Seoul; and (c) at the same time, suffered injury, such as an injury, to the victim D, such as an injury caused by the depression that requires approximately six weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking), the Defendant driven the above cargo while under the influence of alcohol by 0.119% from the 4km section from the front of the fluence area of the flue valley in the Dobong-gu, Sin-si, Sin-si, Sin-si, Seoul, to the front day of the Gumi-si, to a level of about 4km alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident, investigation report on actual condition, statement on the circumstances of the driver of the driver's license, and inquiry into the results of crackdown on drinking driving;

1. A death medical certificate or medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident scene;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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