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(영문) 광주지방법원 2017.08.17 2017고단2756
교통사고처리특례법위반(치사)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a car in QM5 vehicle.

On April 22, 2017, the Defendant driven the said car under the influence of alcohol level of 0.074% from blood alcohol level around 02:13, and proceeded with the first line of national highway No. 15, National Highway No. 607, at the south-gun, south-gun, south-do, 607, at the right edge, at the speed of about 9.5 km from the snife to the ebbbbb in the ebbbb.

At night, she was in a narrow state, and there was a duty of care to reduce speed below the prescribed speed and to prevent accidents in advance by ensuring that a person engaged in driving of a motor vehicle is engaged in driving a motor vehicle thoroughly and safely proceeding at the front time.

Nevertheless, the Defendant neglected this and continued to go on the speed of about 99.5km in the speed of the Si, and did not discover the lane on which the Defendant was driving by the mast in the front direction of the front direction, and did not discover the victim E (51) who was leading the handle to the handle from the front of the above QM5 car driving by the Defendant, and got the victim go on the road.

After all, the Defendant caused the death of the victim from the above occupational negligence to the brain side of the brain side by brain side.

2. On April 22, 2017, the Defendant: (a) driven a D QM5 vehicle under the influence of alcohol content of approximately 0.074% from the 27km section to the national highways of approximately 15km-ro 607, south west-gun, south west-gun, Nam-gun, 2473, with the face of the Southern Bosung-gun and the west-gun of the Southern Gyeongsung-gun and the west-gun in the south of 2473.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Delivery of the written traffic accident analysis (Investigation Records No. 89. 89.

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