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(영문) 서울서부지방법원 2015.06.16 2015고단646
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant is a person engaging in driving CMW car.

Around 05:40 on January 6, 2015, the Defendant driven the said car as his duties while under the influence of alcohol with 0.093% of blood alcohol concentration, and led the first line road of the 26th National Bank located in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul to proceed from the direction of the lava market.

At the time, it is night, and there is a point where the limit limit is 30 km speed as a children protection zone, so the defendant engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the speed limit and driving safely by safely checking the front left.

Nevertheless, due to the negligence that the Defendant neglected the speed of 30 km a speed exceeding a speed of 30 km per hour, the Defendant did not discover the victim D (75 years old) who opened the road near the crosswalk from the left side of the direction to the right side of the direction, which led the victim to take the right side part of the victim's right side into the front part of the road, and let the victim go beyond the floor due to the shock, and led the victim more than 27 meters to the front part of the vehicle.

Ultimately, the Defendant caused the victim’s death by negligence in the above occupational field, which occurred at around 13:23 of the same day by means of low-blood shock shock from the hospital of the 59th Mancheon-do University Hospital at the 59th Mancheon-do University Hospital, where the Defendant had the victim receive a post-transmission treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Each photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment).

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