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(영문) 수원지방법원 2017.04.18 2017고단141
교통사고처리특례법위반(치사)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in driving service of B or B.

On September 29, 2016, the Defendant driven the above Oral Ba while under the influence of alcohol content of 0.101% among the blood transfusions on September 29, 2016, and driven the upper upper gate, which is in the sphere of Suwon-si, toward the fluoral basin from the lower fluoral vehicular road.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering area and the steering system and accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so and received concrete walls at the center of the above underground roadway.

In the end, the Defendant caused the death of the victim C (24 years) who was on the back of the above Oral Ocean due to the above occupational negligence, and caused the death of the victim C (24 years) to the left-hand side of the two parts in the left-hand side.

2. According to the record of the decision to dismiss the public prosecution, the Defendant’s death on January 9, 2017, prior to the institution of the public prosecution of this case, may be recognized. Thus, the public prosecution of this case constitutes a case where the procedure is invalid in violation of the provisions of law

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act. It is so decided as per Disposition.

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