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(영문) 대전지방법원 홍성지원 2016.08.24 2016고단443
교통사고처리특례법위반등
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

1. On May 23, 2016, the Defendant: (a) driven a Cran-car under the influence of alcohol content 0.096% at approximately 2km section from the road front of the new funeral hall located in the new Donnam-gu, Chungcheongnam-gu, Chungcheongnam-do; (b) up to the day at which the Plaintiff was under the influence of alcohol content 0.096% from the 2km section from the road front of the new Donnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a franchise-low driver car as stated in paragraph 1.

On May 23, 2016, the Defendant driven the above car at around 23:00, and proceeded at a speed of about 105 km from the budget-Eup to the budget-Eup at the entrance crossing of the Aunch-ro in the Chungcheongnam-nam budget-Eup.

At the time of night, there is a duty of care to drive safely by examining the traffic situation, such as whether a person engaged in driving service is driving at the front and right side by reducing the speed of driving and driving another vehicle, since the signal of the traffic signal was an intersection of a private distance at night, and the signal of the traffic signal was a yellow on and off.

Nevertheless, the Defendant neglected this and operated the said vehicle at a speed exceeding 70 km per hour, which is the speed of the restriction, without examining the front side and the left side of the vehicle under the influence of alcohol as set forth in paragraph 1, by negligence, and led to the driving of the said vehicle at a speed exceeding 70 km per hour, from the front side of the opposite direction in the budget Eup to the left side of the victim D(68 years old) who was driving at the right side of the vehicle in the direction of the opposite direction, and received the front side of the vehicle.

Ultimately, the Defendant caused the victim to die with her brain cerebrovassis on the same day by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a traffic accident report (on-site investigation report), on-site photograph, death certificate, internal investigation report (on-site 12), the circumstantial records of the driver in charge, inquiry about the results of crackdown on drinking driving, response to requests for appraisal and response to requests for appraisal;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and the Criminal Act.

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