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(영문) 전주지방법원 2017.04.18 2016고단2531
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Csch Rex vehicles.

1. On September 25, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.161% in blood at around 09:05, and driven the road of two lanes in front of the oil station in Seojin-gu, Seojin-gu, Jeondong-gu, Jeondong-gu, Jeondong-gu, Jeondong-gu, on the one-lane speed from the side of the Agricultural and Fishery Market to the movable property at a speed of about 100km.

2. At the time of driving as above, the Defendant’s place is a section with a speed of 70 km per hour, and there is a possibility of other vehicles entering a road in a gas station located on the right side. Therefore, a driver of a motor vehicle has a duty of care to keep the restricted speed well and to safely drive the motor vehicle so as to prevent accidents in advance by maintaining the speed, driving the motor vehicle in a safe manner by driving the motor vehicle at the right side.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, found the Genz car driven by the victim F.F.(56) who was entering the road at the oil station located on the right-hand side of the road when he was negligent in exceeding about 30 km in speed of speed and did not properly look at the right-hand side of the road, and received the left-hand part of the said Menz car as the front-hand part of the said Menz car.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the foregoing 09:42 on the same day from the previous North Korean University Hospital, which was located in 20, Seojin-gu Seoul Special Metropolitan City on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reporting of a traffic accident (1) (2);

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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