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(영문) 수원지방법원 평택지원 2018.11.16 2018고단1682
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

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 a car of rocketing siren.

On June 26, 2018, the Defendant, while under the influence of alcohol 0.096% during blood transfusion, driven the said stringing car with the alcohol content of 0.096%, and led the front of the said string C to the direction of the safe-time road on the side of AD when he was aware of.

At this point, there is a center line of yellow solid lines, so in such a case, there was a duty of care to refrain from breaking the center line to a person engaged in driving cars.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so and took part in the front part of the Victim E(78) driving, which was driven in the nearest part of the Defendant, of the Victim E(78) driving with the center line, as the front part of the Defendant’s driving.

Ultimately, the Defendant caused the death of the victim G (Woo, 82 years of age) on June 26, 2018, which was on board the said low-priced car due to the above occupational negligence, from the medical center in Gyeonggi-do, which was located in the 95-ro of Ansan-si at Ansan-si around 16:36 on June 26, 2018 to the heart stop from the hospital of the medical center in Gyeonggi-do, and the victim E, who was under the treatment of the hospital around 16:17 on July 30, 2018 to the heart stop from the hospital of the medical center in Gyeonggi-do

2. The Defendant violated the Road Traffic Act (drinking) driving a B rocketing car under the influence of alcohol content of about 00 meters from the first cafeteria road located in H at the temporary border as set forth in paragraph 1 to the front of the same city, with approximately 500 meters alcohol concentration of 0.096% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. Each death certificate;

1. Application of each statute on photographs;

1. Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (each of their duties and duties).

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