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(영문) 의정부지방법원 2014.01.10 2013고단3844

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of the Grand Britain.

At around 22:50 on August 14, 2013, the Defendant driven the said fluorous vehicle with a blood alcohol concentration of 0.119%, while driving the said fluorous vehicle at around 0.119%, and driving the fluoral vehicle at the G Hospital located in the southyang-si, Seoul Metropolitan City, along the two-lanes of the fluoral 971 semi-do Reserve on the front side of the fluoral 3-lane from the fluoral fluoral fluoral fluorg in the direction of the Defendant, due to the Defendant’s negligence in performing his/her duty of fluoring and failing to turn to the left at the right from the opposite side of the Defendant’s proceeding, caused the death of the victim at around 23:05 on the same day by taking the front part of the fluoral vehicle on the left side of the fluoral vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, H, and I;

1. A statement prepared by J and K;

1. A report on traffic accidents and a report on actual condition;

1. An accident-related photograph;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes governing signal cycle table to the intersection of an accident site;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. The scope of the sentence for sentencing under the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act among concurrent offenders: The scope of the final sentence for sentencing recommended by the sentencing guidelines from June to July: 3: 【The type of crime ] the type of traffic accident standard of the general traffic accident from among the traffic crime group / [the type of crime / the aggravated factor / the type of death [Special / Special Aggravation] the type of traffic accident standard of the general traffic accident from among the traffic crime group / [the scope of the recommended punishment] where illegality from among the proviso of Article 3(2) of the Special School Education Act is heavy: No mitigated factor [the scope of the sentenced punishment] [one to three years