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(영문) 대전지방법원 2018.07.12 2018고단1600
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for six 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

1. On December 2, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driven a DNA rocketing car with alcohol content of 0.078% while under the influence of alcohol during blood at around 20:40 on December 2, 2017, and led to the front of the road at the entrance of a mountain beach at the entrance of a mountain beach located in 2-30, 200, the end of the year during which it was made to the outside of a mountain beach at the outside of a mountain beach at the outside of a mountain beach

At the time, since the front is night and the front is a three-distance intersection, the driver of the motor vehicle has a duty of care to prevent the accident in advance by seeing the front side and accurately manipulating the steering and brake system.

Nevertheless, the Defendant neglected to do so at the front of the Defendant’s car in the three-distance intersection by negligence. Nevertheless, the Defendant received concrete walls of the above three-distance intersection by negligence.

Accordingly, the defendant's negligence caused the death of the victim E(46) who was on board the head of the passenger car operation of the defendant due to his occupational negligence in the emergency room of the Yansan Hospital, which is located on the 22:05 Yan-si's death in Chungcheongnam-do, Chungcheongnam-si.

2. On December 2, 2017, the Defendant, at around 20:40, driven the said Drocketing car under the influence of alcohol content of approximately 0.078% from the 2km section to the front road of the entrance of the German bathing beach, which is located in the one-lane of the sea open in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment - Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (Selection of Death or death by occupational negligence) - Articles 148-2(2)3 and 44(1) of the Road Traffic Act (driving of alcohol or imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course;

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