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(영문) 창원지방법원 진주지원 2017.04.25 2017고단18
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a ESCOTRT110 motor bicycle.

On November 3, 2016, the Defendant driven a bicycle with alcohol content of 0.095% from blood alcohol level around 04:05, and proceeded at a speed of about 80 km in the direction of the revised post office in the direction of Busan traffic distance.

At the time of night, the view is restricted after the night, and there are frequent pedestrian traffic at the place where the new wall market is opened, so in such a case, a driver engaged in driving motor vehicles, etc. has a duty of care to observe lanes and drive motor vehicles, etc. in a clear spirit, and to prevent traffic accidents in advance.

Nevertheless, the Defendant neglected to do so, while drinking alcohol content of 0.095% and did not look at the breath while drinking, and operated the motor bicycle near the central line, caused by negligence in the course of business by driving the motor device in the vicinity of the central line, and caused the victim to go beyond the front part of the motor device bicycle.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim by means of a low-blood shock tank while being treated at a university hospital on November 3, 2016.

2. On November 3, 2016, the Defendant: (a) driven a bicycle under the influence of alcohol content of about 0.095% in the direction of alcohol content 0.095% at a distance of about 2km from a total four-meter front of the city opposite to the Jinju-si, to the roads front of the E stations located in D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. G traffic accident-related statements;

1. The actual investigation report on traffic accidents;

1. Photographss related to accidents;

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