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(영문) 대전지방법원 홍성지원 2016.02.19 2015고단1250
교통사고처리특례법위반등
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 driving a CPoter II freight.

On November 9, 2015, the Defendant driven the above cargo while under the influence of 0.133 percent alcohol during blood alcohol during the influence of around 21:57, and proceeded at a speed of about 30 km at the speed of 119km-distance 100km from the west-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, west-gun, Seoul.

At the time, since it was difficult to take the place around at night, there was a duty of care to prevent accidents by accurately operating the steering and steering system, and by accurately operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to view the front side of the truck and proceeded with the victim D, who walked in the center of the road in front of the direction of the proceeding, as it is by negligence, was placed on the right side of the truck.

Ultimately, the Defendant caused the victim’s death by occupational negligence on November 10, 2015, by pressure on brain pressure, etc. due to the double dives of the Do, the two dives of the Do, the two dives of which were being treated at the former Gunsan-si, North Gun, Si, Gun, Si, Gun, and Gun.

2. A person who is in violation of the Road Traffic Act (driving) driven the above cargo while under the influence of alcohol 0.13 percent in a section of about 1km from the 119 Safety Center to the road 100 meters long from the date and time set forth in paragraph 1, in writing from the flick-gun, Seocheon-gun, Seocheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A death certificate;

1. Application of statutes on site photographs;

1. Article 148-2(2)2 of the Road Traffic Act and Article 44(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of drinking and the choice of imprisonment) concerning criminal facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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