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(영문) 광주지방법원 목포지원 2015.09.01 2015고단719
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 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 BK5 cars.

On April 3, 2015, the Defendant driven the said car under the influence of alcohol of 0.079% with blood alcohol concentration 0.079% on Apr. 3, 2015, and driven the said car at a speed of 70KM at a speed of 50KM, one lane in front of the D Driving Institute located in Yongnam-gun C, Youngnam-gun.

At the time, it is a night to get off and off, and it is a modern member apartment way in which people, etc. are frequent, so in such cases, a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle as a matter of course, and has a duty of care to reduce speed and to properly look at the right and the right and the right of the front and to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and did not find out the victim E (33 years of age) who crosses the right from the right side of the Defendant at the time when he was under the influence of alcohol without examining the right and the right side while under the influence of alcohol, and did not find the victim E (33 years of age) who crosses the right side from the right side of the Defendant’s running, and received the part of the victim’s bridge as the front part of the said car, and caused the victim to fall down on the ground floor

Ultimately, at around 00:41 on the same day as above, the Defendant caused the death of the victim due to cerebrovassis in the G Hospital emergency room in the Mapo-si Mapo-si F.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at a section of about 12 km from the roads in front of the lower-dong Haak-dong Haak-dong to the roads in front of the D Teaching Institute located in Yongnam-gun C at the time and time set forth in paragraph (1) of this Article, driving B K5 cars while under the influence of alcohol with a blood alcohol concentration of about 0.079%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. The actual condition survey report;

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