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(영문) 광주지방법원 순천지원 2017.01.17 2016고단2605
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 13, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle, driven the foregoing cargo vehicle with a alcohol level of 0.081%, while under the influence of alcohol level of 0.081% in blood, and driven the road front of the entrance of the village at the head of the Sinsari-gun, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, while driving the said cargo vehicle not covered by mandatory insurance, toward the direction of the new three-distance distance from the direction of the

At the time, in front of a village in which the passage of vehicles and people is frequent, there was a duty of care to prevent accidents in advance by accurately manipulating the steering room and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and received the rear part of the cargo loaded in a light flag driven by the victim D(75) who was driving on the front side of the cargo vehicle operated by the Defendant due to negligence, as the front part of the said cargo vehicle.

At the same time, the Defendant suffered injury to the victim E (V, 77 years of age) who was on board the said horse with the foregoing occupational negligence, such as cerebral cerebral in need of approximately 12 weeks medical treatment, and at the same time, the victim D was damaged by the pressure trag in G hospital located in F in the Southern High-gun F around November 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. E statements;

1. Evidence and photographs of the traffic accident scene;

1. Field map of a traffic accident;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into the mandatory insurance and inquiry into information on non-performance of mandatory insurance;

1. A death certificate;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1), the proviso of Article 3(2)7 and Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Road Traffic Act concerning criminal facts.

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