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(영문) 서울중앙지방법원 2014.12.12 2014고단8158
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 23:00 on April 7, 2014, the Defendant driven a D-hurd-hurged vehicle with a blood alcohol concentration of about 0.114% in the section of about 7km from the front of the village office located in the Gangseo-gu Busan Metropolitan City, to the front of the village office of the village where the death of Gangseo-gu is located in the city of Gangseo-gu on the same day.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car as specified in paragraph (1).

On April 7, 2014, the defendant driven the above car on April 23:45, 201, and led the road in front of the village-dong office located in Gangseo-gu Busan Metropolitan City to the area of the Southern Sea Highway from the village-side.

At this point, the road was a bend road with the center line of yellow solid lines, so there was a duty of care for a person engaged in driving a motor vehicle to live well and safely drive the motor vehicle.

Nevertheless, as described in Paragraph 1, the Defendant was negligent by the negligence of driving a stroke while driving a stroke while under the influence of alcohol with the center line stroke and driving a stroke in the opposite line. The Defendant shocked the front part of the Ftroke car driven by the victim E (56 years old) who was driving on the opposite line into the front part of the car driven by the Defendant. The Defendant shocked the front part of the H car driven by the victim G (e.g., the 43 years old) who was driving by the Defendant, with the rear part of the matroke car, and followed by the latter part of the matroke car by the victim G (e.g., the 43 years old).

Ultimately, the Defendant caused the victim E’s death at the scene of the accident by occupational negligence as above, and caused the victim G’s injury, such as climatic salt and tension, which requires three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, G and J;

1. A report on detection of a host driver;

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