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(영문) 대구지방법원 상주지원 2017.07.18 2017고단216
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 30, 2016, the Defendant: (a) driven a CM7 vehicle while under the influence of alcohol with a blood alcohol content of about 0.099% from the 3km section of around 3km in the same city, through the roads from the front of a 194-ro, the center of which was permanently stationed in around 06:04 on December 30, 201, to the front of the 3045-ro, as at the same city’s border; (b) the Defendant driven a CM7 vehicle under the influence of alcohol content of about 0.09%.

2. The Defendant is a person who is engaged in driving a CM7 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 30, 2016, 06:04, the Defendant, while under the influence of alcohol, driven the said car and driven the stable distance of 313:0 a mountain road at the time of stay at the same time, was driven from the place of wedding to the bus terminal.

The location is 50 km at the speed of time, and the signal, etc. is a private-distance intersection, so a person engaged in driving of a motor vehicle has a duty of care to safely proceed in accordance with the signals by complying with the speed limit and by checking well the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected the limitation speed exceeding 38 km per hour, and was negligent in disregarding and proceeding with the stop signal, and was led to the victim D(37) driving on the part of the victim D(PM3) driving to the wedding hall located on the side of the door-to-door distance from the door-to-door.

Ultimately, the Defendant caused the death of the Victim F (AF, 63 years of age) who was on board QM3 car due to the above occupational negligence, due to the rashal flacing, etc., at the site of the victim F (AF) who was on board QM3 car, and the Defendant suffered injury to the said D, such as blood flacing, etc. without any open address for about 8 weeks in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made with respect to G, H and D;

1. To restrict the operation of a survey report and drinking;

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