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(영문) 의정부지방법원 2014.11.27 2014고단3448

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 of the final judgment.

Reasons

Punishment of the crime

At around 04:40 on September 19, 2014, the Defendant was negligent in failing to operate the steering gear and steering gear accurately without neglecting the steering gear and operating the steering gear, while driving a small-scale motor vehicle under the influence of alcohol of 0.104 percent of the blood alcohol concentration at the 0.104 percent of the 0.104, and caused the Defendant’s death from the 05:04 on the same day at the emergency hospital of the Republic of Korea located in the same Eup/Myeon area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the status of running a motor vehicle on the market, and a report on the replacement of a driver on the motor vehicle;

1. A written result of autopsy and postmortem examination;

1. Application of the practical survey report, field photographs statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, 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 point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [decision of type] for general traffic accidents in the course of ordinary traffic accident (the death of a traffic accident): - The mitigation element: the reduction element: In prison labor (the victim's bereaved family members agreement with his/her bereaved family members): Driving [the scope of the recommendation sphere] the basic area [the decision of the recommendation sphere] from August to one year and six months [the general person] - the mitigation element: Imprisonment with prison labor for one year and six months, suspension of execution three years, community service, 200 hours, compliance driving lecture 40 hours;