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(영문) 대전지방법원 서산지원 2013.07.12 2013고단170
교통사고처리특례법위반등
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving B cargo vehicles.

On December 10, 2012, the Defendant driven the above car on December 20, 2012, and driven it to the pentle and pentle of the road in front of the “White Rock”, which is in the movement at the time of the time.

At the same time, there is no place where pedestrians are frequent or no delivery is installed in a densely-populated residential area. In such a case, the person engaged in the driving of motor vehicles has a duty of care to operate the steering direction and brake system accurately and safely, thereby preventing accidents in advance.

Nevertheless, the Defendant neglected this and neglected to drive the above cargo while under the influence of alcohol concentration of 0.097%, thereby under the left shoulder of the victim C(57 years of age) who walked on the road as it is, the Defendant received the lower part of the above cargo vehicle between the right side of the cargo vehicle and the right top part.

Accordingly, at around 07:05 on December 11, 2012, the Defendant caused the death of the victim C due to a sudden stop, etc. while receiving hospital treatment at the E Hospital in Ma-gu, Dong-gu, Chungcheongnam-gu, Seoul.

2. Around 20:30 on December 10, 2012, the Defendant driving a B Poter vehicle with blood alcohol content of about 1km from the front road of “international advertisement” located in the Eup/Myeon of Siljin-si, Sinjin-si, to the front road of “Magambel” located in the Siljin-si Movement, while under the influence of alcohol of about 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. A traffic accident report, traffic accident report (1), (2), and evidence and photograph of the traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of death diagnosis certificates, dead body photographs-related Acts and subordinate statutes;

1. The relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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