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(영문) 대전지방법원 천안지원 2012.10.12 2012고단1085
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. Around 01:50 on October 13, 2012, the Defendant was driving CM 3 automobiles while under the influence of alcohol for about 3 km from the road front of the Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-si, Dong-si, Dong-si, Dong-si, for about 0.102% of alcohol concentration in blood.

2. Around 01:50 on December 13, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving the said SM3 vehicle, driving the said SM3 vehicle on a three-lane road near the Jin-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Seoul,

At the time, the road was at night, where a narrow yellow domin line was installed, and in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to ensure the safe operation of the steering gear and the brake system by checking the safety of the course by well-rounding the front line, and by accurately operating the steering gear and the brake system along the trains.

Nevertheless, the Defendant neglected this and neglected to operate a mobile phone while under the influence of alcohol, neglected to perform his/her duty of care, and failed to accurately operate the steering gear and brakes, and thereby obstructed the center line and proceeded with the center line, and received the front part of the victim D(22 years old) Maz car running on the opposite lane as the front part of the Defendant’s driving 3 vehicle.

결국 피고인은 이와 같은 업무상 과실로 피해자 D로 하여금 약 14주간의 치료를 필요로 하는 우측 정강뼈몸통 개방성골절 등을 입게 하고, 피해차량의 조수석에 동승했던 피해자 F(여, 62세)으로 하여금 같은 날 03:40경 뇌헤르니아, 혈흉 등으로 사망에 이르게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and D;

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

1. A written report from an employee of an employer;

1. A death certificate;

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