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(영문) 인천지방법원 2018.01.25 2017고단8809
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 is a person who is engaged in driving a vehicle with C investment vehicle.

On September 2, 2017, the Defendant driven the above vehicle while under the influence of alcohol content of 0.072% during blood transfusion 05:25 on September 2, 2017, and driven the road of 3 lanes in front of Incheon Bupyeong-gu D with the new copy distance flooding from the offside of the remote distance.

At night at the time, the victim F(52 tax) and the victim G(48 tax) had a duty of care to care in advance to prevent accidents by accurately manipulating the steering gear and operating the steering gear in front, since the driver of the motor vehicle was at night and at night at the front of the road without permission to cross the road on the right side from the left side of the moving direction of the defendant.

Nevertheless, the Defendant neglected this and was negligent in proceeding with the Defendant’s vehicle and received the victims as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim FF to have the victim F die die at the Bupyeong-si University of 179 Macheon-do, on September 2, 2017, around 06:14, and caused the victim G to die in the same number of Bupyeong-gu Incheon, Incheon, Incheon, Incheon, on September 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Request for appraisal or response to a request for appraisal;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The application of each fact-finding survey report, accident site photograph, each death diagnosis report, and statutes on site photographs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning criminal facts (the occupation of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a punishment without prison labor (the occupation of a person on duty and a person on duty) and selection of a punishment by imprisonment (the occupation of a person on duty and a person on duty);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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