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(영문) 대전지방법원 천안지원 2016.10.14 2016고단1327
교통사고처리특례법위반등
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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of CTball No.

At around 05:00 on May 7, 2016, the Defendant was under the influence of alcohol at a 0.06% of blood alcohol level, and the Defendant was under the influence of alcohol, depending on three-lanes in the east-gu Newbridgebridge, Dong-gu, Dong-dong, Dong-gu, Incheon, along with three-lanes in the Eastwest-gu.

At the time, a new wall leading up to the time passed by the front door, and the place was a pedestrian driving through the pedestrian passage along the edge of the road. In such a case, a driver of the motor vehicle has a duty of care to safely drive the front door and prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and did not discover the victim D (W, 59 years old) who crosses the road from the right side of the defendant to the left side, and went beyond the road by shocking the victim with the front part of the vehicle driven by the defendant.

Ultimately, at around 06:13, the Defendant’s negligence on the same day caused the death of the victim due to an unknown heart due to the death of the victim at a single university hospital in the south-gu, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

2. The Defendant violated the Road Traffic Act (driving) driven a C Ttiball vehicle within about 2 km from the roads in the Seongbuk-gu Seongbuk-dong, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, to the new East-dong, Dong-dong, Dong-gu, Dong-dong, under the influence of alcohol by 0.06% of the blood alcohol level at the time and time set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. The actual survey report, each photograph, CD;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;

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