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(영문) 대전지방법원 홍성지원 2018.08.07 2018고단364
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving service of a vehicle B with low investment vehicle.

On March 16, 2018, the Defendant driven the above vehicle on March 16, 2018, and tried to drive the road of the front Da-Do 3 in Boli-si with about 92 to 108km from the red tide embankment to the river of the front Do 3 in order to ensure the speed of 92-108km.

At night, there is a point at which the speed of restriction is 60 km a speed, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by properly operating the steering gear and the brake system, while driving the motor vehicle safely by observing the restricted speed.

Nevertheless, the Defendant neglected to do so and instead did not see the steering gear and brakes while under the influence of alcohol 0.096%, and instead did not accurately manipulate the steering gear and brakes while under the influence of alcohol, and instead did not correctly operate the steering gear and brakes at a speed exceeding 30 km per hour, and received the victim D (W, 89 years old) who was walking at the front part of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to the following occupational negligence: (a) diversification of diversity and damage to the organization in the workplace.

2. On March 16, 2018, the Defendant driven a B-hand car under the influence of alcohol content of about 0.096% from the 6km section to the 1994, from the road front of the cU convenience store located in the Southern Hong-gun, Chungcheongnam-do, Hongsung-gun, to the 3rd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report on the actual condition of a traffic accident, notification of the results of crackdown on drinking driving, circumstantial statement report on the driver of a mainly placed driving, and traffic accident analysis report;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Act on Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental history, the choice of imprisonment without prison labor), and Article 268 of the Criminal Act.

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