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(영문) 창원지방법원 진주지원 2018.09.12 2018고단897
교통사고처리특례법위반(치사)등
Text

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) the Defendant was a person engaging in driving of a car in the B SP World on June 9, 2018, driving the said car around 04:31 on June 9, 2018, while driving the said car along the two-lanes between the two-lane distance from the center intersection of the square to C.

At the time, it is a night and a remote intersection where a signal apparatus is installed, so a person engaged in driving of a motor vehicle has a duty of care to observe the speed of restriction without drinking, and to prevent an accident by driving the motor vehicle safely in accordance with the new code.

Nevertheless, while under the influence of alcohol content 0.075% in alcohol, the Defendant neglected this and entered the speed of 107 km at a speed exceeding 47 km per hour into the intersection of the red signal at a speed of 107 km per hour, and decided that the Defendant’s vehicle of the victim D (W, 58 years old) (W, 58 years old), who was directly engaged in under the normal signals from the right side of the Defendant’s proceeding direction, was placed in the front part of the Defendant’s passenger car and faced with the commercial building facing the Defendant’s car.

Ultimately, at around 05:34 of the same day, the Defendant caused the victim to have a fluorous death in the emergency room of F University.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a motor vehicle at a so-called so-called “H pharmacy” route from the front side of the “H pharmacy” to the aforesaid C shooting distance from approximately 500 meters, while under the influence of alcohol content at about 0.075% during blood at the above temporary border.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. A report on the detection of a primary driver;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A death certificate;

1. An accident vehicle EDR analysis report;

1. Application of the Acts and subordinate statutes on black stuffs;

1. Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act.

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