logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2017.05.24 2017고단160
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

1. The Defendant is a person who is engaged in driving of the third cargo vehicle B and the third cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 24, 2016, the Defendant driven the above cargo while under the influence of 0.106% of alcohol during blood transfusions at a speed of about 40 km per hour from the beginning side of the road in front of the Chungcheongnam-gun Hong-gun, Hongsung-gun, the Defendant driven the above cargo at a speed of about 0 km per hour.

In this case, a person engaged in driving duty has a duty of care to prevent accidents in advance by accurately manipulating the surrounding conditions, steering and brakes.

Nevertheless, the defendant was negligent in driving the vehicle while under the influence of alcohol as above and entered the right-hand turn from the left-hand side of the defendant's running direction to the same-sex in the left-hand side of the driving vehicle of the victim D who entered the same-sex vehicle.

Ultimately, on January 21, 2017, the Defendant caused the death of the victim at a university hospital of the Republic of Korea, which was located in 201, south-gu, South-gu, South-gu, as of January 21, 2017 due to the foregoing occupational negligence, due to a chronic pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

2. Violation of the Road Traffic Act (drinking driving) driving of B-wing three cargo vehicles while under the influence of alcohol content of about 0.106% in the 3km section from the upper corner of the Defendant’s house of Hong-gun, Hongsung-gun, Hongsung-gun, Kim Jong-gun, to the front road of C, at the same time as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, on-site photographs, reports on the detection of drivers at home, circumstantial statements, and death medical certificates;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of an occupational and dental physician, the choice of imprisonment without prison labor), and Article 148-2(2) of the Road Traffic Act.

arrow