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(영문) 서울서부지방법원 2016.06.14 2016고단233
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 233" is a person who is engaged in driving a car Ci 30.

On October 30, 2015, the Defendant driven the above car on October 11:15, 2015, and led the front road of the "E" beauty room located in Eunpyeong-gu Seoul Metropolitan Government D to the direction from the right edge to the right edge, and proceeded at an irregular speed.

Since there is a long distance intersection with frequent passage of people, there was a duty of care to safely drive by accurately manipulating the brakes, etc. after sufficiently checking whether a person engaged in driving service is in the direction of driving.

Nevertheless, the defendant neglected this and found the victim F who was sitting on the right side of the running direction of the above car, and operated it rapidly, but did not avoid it, and got the victim's bridge part to go beyond the road.

Accordingly, the Defendant suffered injury of cerebrovascular, etc. from the above victim due to the above occupational negligence, and caused the death of cerebrovasculars while receiving treatment from the Gangnam Samsung Hospital located in Jongno-gu Seoul, Jongno-gu, Seoul at around 22:00 on November 18, 198.

around 23:35 on January 21, 2016, the Defendant driven Ci30 automobiles while under the influence of alcohol concentration of about 0.080% in the 3km section from the roads of Eunpyeong-gu Seoul, Seoul to the roads of 322 (New Dong) for internal circulation of Seodaemun-gu, Seoul to the roads of approximately 3km.

Summary of Evidence

"2016 Highest 233"

1. Statement by the defendant in court;

1. A traffic accident report (1), (2)

1. "Death diagnosis report or postmortem report" 2016 high group 710;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Act on Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental history, the choice of imprisonment without prison labor), and Article 268 of the Criminal Act.

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