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(영문) 대구지방법원 2017.03.09 2016고단4891
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The Defendant is a person who is engaged in driving of a cargo vehicle of one ton.

1. On October 13, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driven an above cargo vehicle and proceeded with the two-lane side in front of the F cafeteria E in Daegu Northern-gu, by using one parallel line from the east to the west-gu, Daegu.

At the same time, several vehicles were parked at the right edge of the second line, and the victim G (69 ) stopped on the side of the parked vehicle with the first line and the second line, and the vehicle stopped on the side of the parked vehicle, and the driver of the vehicle has a duty of care to safely drive the vehicle so that the victim is not injured by the first line and the second line. In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by reducing the speed of the vehicle so that the driver of the vehicle does not cause any traffic accident, while driving the vehicle at a reduced speed.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive at a speed while driving without driving, caused the victim to go beyond the same level as the victim’s body part in front of the above cargo vehicle’s right side, and caused the victim to go beyond the same level as falling on the road floor, and caused the shock to the victim on October 13, 2016, around 17:37, 130, Jung-gu, Seoul Special Metropolitan City University Hospital located in 130, Seo-dong, Jungdong-dong, Seoul Special Metropolitan City to death due to a low blood shock.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven D1 ton cargo vehicles under the influence of alcohol with approximately 10km from the 10km section of alcohol to the front road of the F cafeteria located in Daegu-gu, Seo-gu, Seo-gu, Daegu-gu, to the front road of the F cafeteria, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the situation of a driver under driving alcohol and a written inquiry about the results of crackdown on drinking;

1. The Acts and subordinate statutes of a death certificate;

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