beta
(영문) 대전지방법원 서산지원 2014.07.24 2013고단975

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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a passenger car in Category C.

On June 5, 2013, at around 01:10, the Defendant driven the above vehicle while under the influence of alcohol 0.134% of alcohol concentration, and led the Defendant to turn to the left at the right place in the direction of a park and the right-hand turn in the direction of a park loan located in the city of Jin-si, Sinjin-si.

At night, the driver had a duty of care to safely operate the steering gear by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected this and proceeded with the victim D (the age of 45) who was under way in the vicinity of the central line of the road due to the negligence of neglecting it, and led the victim to the above vehicle and proceeded about about 40 meters.

Ultimately, the Defendant caused the death of the victim due to serious brain injury in the workplace by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven C string vehicles under the influence of alcohol with a blood alcohol concentration of about 0.134% at a section of approximately 260 meters from the vicinity of the 3rd intersection of the Sinjin-si, Sinjin-si, Eup to the front side of the same 260m of the said cnick-si restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident report (1) (2) and a traffic accident evidence photograph;

1. A written report from an employee of an employer;

1. Traffic accident investigation report;

1. Application of Acts and subordinate statutes on a written autopsy;

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 point of sound driving, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act (within the scope of adding up the long-term punishment);

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