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(영문) 의정부지방법원 고양지원 2017.10.17 2017고단2569
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

The defendant is a person who is engaged in driving a car in the C SP area.

1. On May 18, 2017, the Defendant driven a motor vehicle with alcohol level of 0.14% under the influence of alcohol level 0.14% from the 5km section from the day before the capital reduction house located in the Eup/Myeon of the Seoul Special Metropolitan City (D) to the day before D in the same city.

2. On May 18, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driven a motor vehicle in a drunken state around 03:15, while driving the motor vehicle at the above SP as stated in paragraph (1), leading up to the road set up by 90 degrees to the left-hand side from the 2nd village hall at the 2nd village hall at the SPP high school at the PP high school.

At this point, since it is a alley, in which pedestrians' passage is frequent, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door and the left door, and accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the defendant was negligent in driving the victim E (55) who was in front of the left-hand side of the defendant's proceeding due to the negligence of driving the vehicle as is, and the victim was sent to the back wheels.

Ultimately, the Defendant caused the death of a victim who was transferred to the Dong-dong University Hospital located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si on May 24, 2017 due to an acute thropic death based on brain laf

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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, Article 268 of the Criminal Act (the occupation of a person resulting from occupational negligence, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of a person driving alcohol and the choice of a person sentenced to imprisonment);

1. Aggravation concurrent crimes;

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