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(영문) 창원지방법원 진주지원 2016.05.11 2016고단118

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 the business of driving Cranchis car.

On December 28, 2015, the Defendant driven the above vehicle while under the influence of alcohol content of 0.068% during blood transfusions, and led to the movement of the above vehicle in front of the bus stops in the way No. 2477 in the south Sea, along the south Sea, along the south Sea, along with one lane in the direction of the movement from the south Sea.

At the time, a crosswalk is installed at night and there is no traffic signal at the front, so in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle after checking whether he/she has a person to reduce speed and to see well the right and the right of the road.

Nevertheless, under the influence of alcohol, the Defendant got the victim D (53) walking along the crosswalk to the right side of the port side of the Defendant due to the negligence of neglecting it, and caused the death of the victim with multiple prolonged damage from the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, report on the circumstances of the driver who takes driving, and report the results of regulating drinking;

1. A death certificate;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and practical death, the selection of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of sentence recommended on the sentencing guidelines [the types of decisions] traffic accident death [the person subject to special sentencing] under the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents (the person subject to aggravated punishment) (the factors subject to aggravated punishment) and the sources of punishment (the scope of the recommended punishment) [the scope of the punishment].