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(영문) 전주지방법원 남원지원 2014.01.21 2013고단275

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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 Crane car.

On October 28, 2013, the Defendant driven the said car with a blood alcohol content of 0.087% 0.087% around 11:05, while driving it, and, if it is appropriate to cross-section the solar distance in the front and rear Chang-gun of North Korea, the Defendant driven the two-lane road at the speed of about 124 km at the speed of speed depending on one-lane from the room to the front and rear-Eup bank.

The location is a road near the village located at a speed of 80 km per hour, and the bus platform is installed in the opposite direction, and there are many pedestrians, so in such a case, the defendant engaged in driving business has a duty of care to check whether the pedestrian, who gets on the bus while reducing the speed of the motor vehicle and driving on the front side and the right side of the motor vehicle, has a duty of care to prevent accidents in advance by driving safely.

Nevertheless, under the influence of alcohol, the Defendant found the victim D(71) who illegally crossed a road from a bed bus to the village due to negligence, etc. that proceeds in excess of a speed of 44 km per hour, without permission, due to the Defendant’s negligence, etc., and immediately operated the road, but did not avoid the situation, and was able to obtain the body of the said victim with the part front of the left side of the car driven by the Defendant.

After all, the Defendant caused the death of the victim due to the above occupational negligence due to the damage to the serious brain death.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Requests for appraisal;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the investigation report (Application of the sound mark);

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, and Articles 148-2(2)3 and 44(1) of the Road Traffic Act;