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(영문) 대전지방법원 2015.05.28 2015고단768
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On January 6, 2015, at around 23:41, the Defendant driven the above mix while under the influence of alcohol of 0.080% with a blood alcohol concentration of 0.080%, and led the two-lane side of the Seo-gu Daejeon Seo-gu Down-gu, Daejeon to proceed two-lanes along the flooded four-lane distance from the Neline of the Neline Park to the flooded four-lane.

At the time, there are nights and there is a yellow-ray centering line. Therefore, the driver had a duty of care to safely drive the vehicle and prevent accidents by driving the vehicle along the vehicle line without harming the center line.

Nevertheless, the Defendant is driving under the influence of alcohol as above.

The part of the victim E (the 67-year-old driver) driving at one-lane of the opposite direction of Madge, which was driven by the Central line, was received in front of the left-hand side of the said Madgeon.

At around 00:12 on January 7, 2015, the Defendant: (a) caused the victim E’s occupational negligence to die from low blood shock shocks at H hospitals located in Jung-gu Daejeon Daejeon-gu, Daejeon-gu; (b) caused the death of the victim I (the 27 years old), who was aboard the said taxi, due to the cerebral injury during the transfer to the hospital at around 00:06 on January 7, 2015; and (c) caused the victim J (the 27 years old), who is the same passenger, to suffer injury, such as the left-hand aggregate that requires treatment for about 6 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to K, L, M, and J;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A death diagnosis report and a corpse autopsy report;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the Road Traffic Act.

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