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(영문) 대전지방법원 서산지원 2019.01.17 2018고단953
교통사고처리특례법위반(치사)등
Text

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

Reasons

Punishment of the crime

1. Around 21:50 on June 22, 2018, the Defendant driven D 3 cargo vehicles under the influence of alcohol with a blood alcohol concentration of 0.063% at the section of about 11km from Chungcheongnam-gun apartment to Seosan-si C.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is the person who is engaged in driving a three freight truck.

On June 22, 2018, at around 21:50, the Defendant driven the above cargo vehicle under the influence of alcohol as in the foregoing paragraph 1, and proceeded with the national highways No. 173 and 32, Seosan-si, Seosan-si, through the west-si and Seosan-do, along the two-lanes of the two-lanes between the west and Seosan-do.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by safely driving the motor vehicle, such as taking the front left well and accurately operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant got a part of the part behind the victim E (ma, 69 years old) driving, which was in progress at the cargo front of the Defendant's cargo vehicle due to negligence while neglecting it, and caused the victim's death from the above national highways at around 22:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to G;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. An inspector for control;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational negligence, the occupation of imprisonment without prison labor, the occupation of imprisonment without prison labor or the occupation of imprisonment with prison labor) and Articles 148-2(2)3 and 44(1) of the Road Traffic Act;

1. Of concurrent crimes, the term of the crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggregated;

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