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(영문) 청주지방법원 제천지원 2014.10.16 2014고단361
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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On June 26, 2014, the Defendant driven the above vehicle at around 20:43, and driven the two-lane road in front of the 398-17 (Haamamamamam-dong) in order to drive the said vehicle at approximately 40 to 50km each hour, depending on two lanes from the direction of the Incheon Fire Station.

At the time, since it was at night, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether there is an obstacle by checking the right and the right of the driver of the motor vehicle.

Nevertheless, as stated in Paragraph 2, the Defendant, while driving a motor vehicle under the influence of alcohol, did not look at the front side of the motor vehicle and was negligent in driving the motor vehicle at the two-lane edge of the road, and received the left side of the dump truck and the part loaded on the left side of the motor vehicle in front of the right side of the motor vehicle of the Defendant.

Ultimately, at around 21:27 on the same day, the Defendant caused the death of the Victim F, who was on board the Defendant’s front seat of the vehicle (the age of 36), due to serious brain damage, etc. at the H hospital located in G in Y in Ycheon-si.

2. 도로교통법위반(음주운전) 피고인은 2014. 6. 26. 20:43경 제천시 고암동에 있는 훌랄라치킨 앞 도로에서부터 같은 동에 있는 제천순복음교회 앞 도로까지 약 200m 구간에서 혈중알콜농도 0.129%의 술에 취한 상태로 C 쏘렌토 승용차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A traffic accident report, a photograph and explanation, a report on the actual condition of the driver concerned, and a report on the actions against the driver concerned;

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

1. Relevant legal provisions for criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act, and Article 3 of the Road Traffic Act.

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