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(영문) 서울중앙지방법원 2017.07.18 2017고단4015
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

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 is a person who is engaged in driving a G-type cruise car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 22, 2017, the Defendant driven the above car at around 05:20, and led to two-lanes between the two-lanes of large-distance crossing in the intersection of Dongjak-gu Seoul Metropolitan Government, which is located as the intersection of the green-distance in the intersection of the green-distance in the intersection of the open park at the intersection of the open park, along the large-distance outflow of the forest, the two-lanes between the four-lanes.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents by safely driving a motor vehicle, such as driving in accordance with traffic signals.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the signal to a vehicle stop signal but continued to turn to the left due to the negligence of continuing to turn to the left, and the victim H (46 years old) who turn to the left at the right side of the city bus driven by the Defendant at the right side of the city bus driven by the Defendant.

Ultimately, the Defendant suffered from the Defendant’s occupational negligence to the victim H about two weeks of light in need of treatment, and caused the death of the victim I (35 years of age) who was accompanied by the Defendant’s back seat of the passenger car to the victim I (35 years of age) on January 28, 2017.

2. On January 22, 2017, the Defendant driven the said car under the influence of alcohol of about 0.084% of alcohol concentration in blood at the section of about 10km to the large-distance crossing of 2,000,05:20, in front of the Seoul Yongsan-gu Seoul Southern-ro, Yongsan-gu, Seoul, for a public entertainment store located in the southwest-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A H statement;

1. 교통사고 보고⑴⑵

1. Statement of the circumstances of the driver involved in driving;

1. Medical certificates;

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