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(영문) 대구지방법원 2020.05.20 2020고단12
교통사고처리특례법위반(치사)등
Text

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

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:55 on September 17, 2019, the Defendant driven a DNA low-income vehicle under the influence of alcohol leveling 0.117% in the section of about 2Km from the Do in front of a non-cafeteria-dong in Busan Metropolitan City to the front day of C.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death) driving the said vehicle under the influence of alcohol by 0.117% at the time stated in paragraph (1), and driving the said vehicle at a distance of 0.17%, and driving the two-lane two-lane distance intersection from the distance of 0.0% at a distance of 0.0% at a distance of 0.0% at a distance of 0.0% at a distance of 0.0 square meters

In such a case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and steering system and accurately.

Nevertheless, the Defendant failed to neglect this and failed to properly set the front week, and thereby, received the part on the right side side of the victim F (ma, 60 years old) who was standing on the right side from the left side of the passenger car driving direction of the Defendant’s car.

Ultimately, around September 17, 2019, around 03:38, the Defendant caused the death of the victim through occupational negligence, such as cerebral cerebrovassis, which was being treated by a H hospital located in Busan Metropolitan City G.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Each photograph: “A scene and an accident scene”, and “CCTV images fafaging”;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of primary driving and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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