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(영문) 의정부지방법원 2018.01.12 2017고단3989
교통사고처리특례법위반(치사)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a motor vehicle of D New D New XD.

On July 26, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.066% among blood transfusions on July 26, 2017, and driven the three-lane roads in front of E in the southyang-si, at each high school located at each distance, at approximately 108km in speed, along two-lanes from each other to each other.

Since its location is a road with a speed of 60 km per hour, a driver engaged in driving business has a duty of care to prevent accidents by complying with the speed limit and operating steering gear and brakes accurately through the operation of steering gear and brakes while keeping the steering direction and the right and the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed of 108 km per hour exceeding 48 km per hour while driving at a speed of 108 km per hour, and received the rear part of the Fpoter Ⅱ in the same direction, which was parked on the third-lane of the above road, as the front part of the above Aburged vehicle.

Ultimately, the suspect caused the death of the victim G (19 years of age) who was on the so-called “Woo-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si” (153 years of age), who was on the said part of the business negligence, due to pressure on brain and training paralysis at the Hanyang-ri-si-si Hospital, which was undergoing the transmission treatment at around 04:59, August 2, 2017.

2. On July 26, 2017, the Defendant driven a new XD car under the influence of alcohol content of approximately 0.066% from the section of about 25 km from the front of the 305 high-speed road in Seoul Special Metropolitan City, Nowon-gu, to the front road in the southyang-si, Seoul Special Metropolitan City, with a set-off on July 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Relevant legal provisions of the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment (the occupation of, and the choice of imprisonment without prison labor) and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the driving of alcohol and the punishment of imprisonment with prison labor).

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