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(영문) 창원지방법원 2014.04.29 2014고단203

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 string and freight vehicle B.

On December 18, 2013, the Defendant driven the above cargo while under the influence of alcohol of 0.064% in blood alcohol concentration on 23:45 on December 18, 2013, and proceeded about about 70km in time, depending on one lane in the direction of the Jingu, Jingu, Jinsan-si in the direction of the Ginsan-si.

At the time of night, the front door door door door door door door door door door door door door door door door door door door door door door door door door door, and therefore, the driver of the motor vehicle was engaged in driving the motor vehicle, and therefore, the driver of the motor vehicle was well aware of the front door door door door door door door door door door well as the crosswalk, and there was a duty of care to prevent the accident by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected this and did not breath the speed, and did not find the victim C(44 years old) who passed the road to the right side from the left side by negligence while driving the road in the front of the cargo of the defendant, and had the victim go beyond the ground.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence, i.e., the injury of multiple organs.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on actual condition investigation, and photographs related to accidents;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes concerning autopsys;

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) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

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

3. The sentencing under Article 62(1) of the Criminal Act is as follows.