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(영문) 전주지방법원 2019.05.03 2018고단2294
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Jeonju District Court’s Military Mountain Branch on January 23, 2008. On April 22, 2009, the Defendant was issued a summary order of KRW 4 million for the same crime at the Jeonju District Court.

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.).

On October 5, 2018, the Defendant driven the said passenger vehicle under the influence of alcohol of 0.072% with a blood alcohol concentration of 0.05:05, and proceeded at a speed of about 74.5 km per hour at a speed of about 74.5 km from the room of the vehicle registration office to the 869-lane residential center located in the Dong-gu, Seojin-gu, Seoul Special Metropolitan City.

At the time, the low-water tram was sucked and sucked, and there was a duty of care to see the speed limit to the driver and drive safely. Since the restricted speed is 56 km/h, the driver had a duty of care to see the speed limit to the driver.

Nevertheless, the Defendant neglected to make a call at a speed of about 74.5 km per hour, which led to the Defendant’s failure to cross the road without permission from the left side of the proceeding direction to the right side at the front of the driver’s vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on the same day as the date when the victim was under medical treatment at the emergency department of the hospital located in Geumcheon-gu Seoul Metropolitan City, Seoul Metropolitan City, by the 06:29 multiple organ damage.

2. The Defendant violated the Road Traffic Act (driving) at the section of about 45 km from the F in front of the Sinsan-si, Jin-si, Jin-si, Jin-si, Seoul, to the front road of the Hosung Residents' Center located in 869, the Defendant driven the B knife-si, under the influence of alcohol level of about 0.072% under the influence of alcohol level of around 45 km.

Accordingly, the defendant is a person who has violated two times or more of drinking driving.

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