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(영문) 광주지방법원 목포지원 2016.11.04 2016고단1050
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 16:00 on July 2, 2016, the Defendant driven a Gpoter II cargo with a blood alcohol content of about 0.084% at a section of about 6.45 km up to the front road through the treatment electronic E in front of his house located in Nanannam-gun C, Nannam-gun, Nannam-gun, with the influence of alcohol content of about 0.084%.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) is the person who is engaged in driving a Gpoter Class II cargo vehicle.

On July 2, 2016, at around 16:08, the Defendant driven the above cargo while under the influence of alcohol, and led the front road of the Haan-gun in front of the Haan-gun to turn to the left at a eternal speed from the side of the Eup-Myeon.

It is a place where people frequently run on a road that is not divided into delivery and vehicular road in a densely-populated residential area, and the vehicle was parked on the side, so the driver of the vehicle has a duty of care to safely drive the vehicle while checking whether there is a person driving the vehicle around the road by reducing speed and properly examining the surrounding area.

Nevertheless, under the influence of alcohol, the defendant did not pay any attention, and did not find out the victim H (79 years old) who crosses the road to the right side from the left side of the running direction of the defendant, and had the victim go beyond the road by taking the front side of the cargo vehicle.

Ultimately, around 13:50 on July 3, 2016, the Defendant caused the victim’s death by occupational negligence by pressure due to cerebrovascular surgery at the Joseon University Hospital located in 365, Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A fact-finding survey report and each investigation report (Evidence Nos. 22, 32);

1. Application of field photographs, death diagnosis reports, well-known hardwares,CCTV images, accident-related photograph-related CDs Act 1.

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