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(영문) 청주지방법원 2016.07.15 2016고단248
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents is engaged in driving of BKaman vehicles.

On January 2, 2016, the Defendant driven the above vehicle at around 07:06 and driven a 0.065% alcohol concentration in blood, and proceeded with three-lanes in front of the Nowon-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, one-lane from the parallel distance to the parallel distance.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, due to the negligence of proceeding, even though the vehicle's progress signal was suspended, the victim D (72 tax) who walked along the crosswalk in accordance with the new code was shocked in front of the above car.

The Defendant caused the death of the victim due to the foregoing occupational negligence at the F Hospital located in E located in the area of the Chungcheongbuk-gu, U.S., U.S., which was being treated after around 10:20 on January 3, 2016.

2. On January 2, 2016, the Defendant driven a B Kanop vehicle under the influence of alcohol content of about 0.065% from the 3km section from the road front of the Dogdong in Suwon-si, Chungcheong-si, Chungcheong-si, Chungcheongnam-si, Chungcheong-si, and the front road, around 07:06 on January 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The written statement of the defendant;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident (1) (2) (2), a field photograph, a photo, a body photograph, a damaged part of a harming vehicle, CCTV images of a H station, I CCTV images, notification of the results of crackdown on the driving of drinking, a report on the situation of drinking, a death report, a death certificate, and an investigation report (Evidence List 15, 16);

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 the Criminal Act.

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