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(영문) 대전지방법원 서산지원 2020.03.18 2019고단1265
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) by the Defendant is a person engaging in driving a vehicle BM5;

On August 29, 2019, the Defendant was under the influence of alcohol with 0.063% of blood alcohol concentration at around 23:05, the Defendant driven the above vehicle on the road near the Yancheon-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-do, and proceeded toward the direction of the tin distance from the surface of the river on the surface of the Yancheon-do.

At the time, at night, the above road was a road that allows pedestrians to pass, so it is prohibited to drive a vehicle while under the influence of alcohol for those engaged in driving, and there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear and accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and led the victim C (the age of 63) who was walking along the road on the opposite side of the Defendant’s proceeding direction to the front left side of the Defendant’s vehicle.

Ultimately, around 00:13 on September 5, 2019, the Defendant caused the death of the victim due to the cardiopulmonary function of cerebral cerebral cerebral cerebralop, malicious cerebral cerebral cerebral cerebralop, and cerebral Spon.

2. Around August 29, 2019, the Defendant violated the Road Traffic Act (driving) at around 03:05, the Defendant driven BM5 vehicles from the 3km section from the front of G in Seocheon-gun, Chungcheongnamcheon-gun to the roads near the Yacheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, under the influence of alcohol content 0.063% of alcohol while under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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