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(영문) 전주지방법원 남원지원 2017.06.13 2017고단70
교통사고처리특례법위반(치사)등
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

except that the sentence shall be imposed for a period of three years from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 15, 2017, the Defendant: (a) driven, at around 22:45, the E-wing truck under the influence of alcohol with a 0.105% alcohol concentration from the Gu forest elementary school located in the Gu forest, the Gu forest, the Gu forest, the Gu forest, the fire-prevention road of North Korea, 6, to the front roads of the same Do forest; and (b) around 1.5km to the same Do road.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is the person who is engaged in driving cars and freight cars.

At the time stated in paragraph 1, the Defendant driving the above-wing truck, and driving a road in front of the Dam Do in front of the North Korean Net Chang-gun, the Defendant continued to drive approximately 60 km of speed from the surface of the Myeonmp to the surface of the Myeonmp, to the surface of the Domp.

At the time, at night, street lights are not installed, and in such a case, there was a duty of care to prevent accidents by safely driving an automobile driver by checking well the front door.

Nevertheless, the Defendant neglected this and did not look at the front part of the victim F (53) driving, which is proceeding in the front direction of the defendant's running by negligence, and did not discover the bicycles of the victim F (53) driving, which is proceeding in the front direction of the defendant's driving by negligence, while driving the alcohol as described in paragraph 1, and caused the bicycle to exceed the front part of the defendant's driving vehicle.

Around March 16, 2017, the Defendant caused the death of the victim due to multiple trauma, etc. in the course of being sent back to the instant medical center at the end of the 135 punch Chang-gun, the Net Chang-gun, the Materne of the Sim Chang-gun, which was the pune of 135.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into the actual condition survey report, on-site photographs, visual images of a changeer, circumstantial records of a driver driving, check the results of crackdown on drinking, and apply a death certificate to statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act (occupational and dentalian).

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