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(영문) 창원지방법원 통영지원 2019.03.27 2018고단1441
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grandroth.

1. Around 17:50 on November 17, 2018, the Defendant was driving a maid vehicle under the influence of alcohol with approximately 4km alcohol concentration of about 0.073% from the 4km section to the roads in front of the D Village, Jin-gun, Chungcheongnam-gun.

2. On November 17, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driven by the above van on the 17:50 on November 17, 2018, led to the two-lane roads in front of the D Village in Jin-gun, Jinnam-gun at a speed of about 88 km along the two-lanes from the high-Eup Myeon.

At the time, the road was bended by night and at the night. At the front of the road, the driver of the vehicle had a duty of care to reduce the speed and accurately manipulate the steering gear and prevent the accident in advance.

그런데도 피고인은 이를 게을리한 채 술에 취해 전방주시를 태만히 하고 조향장치 및 제동장치를 제대로 조작하지 못한 과실로 피해자가 운전하는 경운기 적재함 뒷부분을 위 승합차 우측 앞부분으로 들이받음으로써 피해자가 우측으로 튕겨 나가 방음벽에 충돌한 후 도로에 떨어지게 하였다.

Ultimately, the Defendant caused the death of the victim due to the injury to diversified from the job by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident analysis report;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of occupational death and death, the

1. Article 37 of the Criminal Code among concurrent crimes.

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