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(영문) 창원지방법원 마산지원 2019.05.10 2019고단68
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act. On April 19, 2010, the Defendant was issued a summary order of KRW 2 million by the same court as the same crime. On April 19, 2010, the Defendant is a person who is engaged in driving freight B and B.

1. On December 21, 2018, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of 0.075% from a section of about 300 meters from the front side of the Haan-gun, Hanam-gun, to the front road in D, even though there was the history of such a violation.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) led the Defendant to drive the above vehicle under the influence of temporary border such as the preceding paragraph at a speed where it is impossible to identify one lane in front of the E road in the Haban-gun, Haban-gun, by driving it at a speed that would make it impossible to identify one lane from the surface of the Haban-gun.

In such cases, the defendant has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant was negligent in driving while under the influence of alcohol and received the Victim F in front of the above vehicle due to the negligence of driving.

Ultimately, at around 22:32 on the same day, the Defendant caused the death of the above victim due to scarcity damage in the G Hospital in Changwon-si, Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. On-site photographs of one owner, a circumstantial statement of the driver;

1. A death certificate;

1. A criminal investigation report (favating theCCTV image data);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power) and Acts and subordinate statutes;

1. Article 3 (1) and (2) (proviso) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Article 268 of the Criminal Act;

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