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(영문) 대전지방법원 2017.04.12 2017고단95
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 car with B knife in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On October 15, 2016, the Defendant driven the above mar while under the influence of alcohol content of 0.060% in blood around 12:05, and driven the front road in Seo-gu Daejeon, Seo-gu, Daejeon along the direction from the shot distance.

Since there was a house of 5.2 meters in width that is not divided into a roadway and a delivery, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and keeping the front door well.

Nevertheless, due to the negligence of being negligent in driving the road while under the influence of alcohol, the Defendant took the victim E (5) crossing the said road in front of the Defendant’s proceeding direction into the part of the Defendant’s spokele in front of the left side of the Defendant’s spoke, and due to the shock, the victim going beyond the said road into front of the left side of the Defendant’s spokele.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by causing the victim’s cerebral injury, etc. at the Gi University Hospital, which is located in Seo-gu, Daejeon, Daejeon, around 16:05 on the same day.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said BKanbon vehicle under the influence of alcohol content of about 0.060% from the 2km section from the 3km-ro, Seo-gu, Daejeon-gu, Daejeon-ro, 412, to the front road of the C, located in the same Gu C from approximately 2km-ro to the front road in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and an accident photograph;

1. A death certificate;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental history, the choice of imprisonment without prison labor), and Road Traffic Act.

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