beta
(영문) 광주지방법원 2014.02.20 2013고단5856

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. On October 26, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving the said vehicle under the influence of alcohol level of 0.063% on October 26, 2013, and driving the said vehicle under the influence of alcohol level of 0.063% on October 26, 2013, and driving the three-lanes of the three-lanes in front of the three-lane triang apartment in the Clang-gu, Samangdong-gu, Sejong Metropolitan City into the room of the Police Station

At the same time, the victim E (ma, 21 years old) was in order to catch a taxi on the front side of the three-lane road in which the defendant was in progress. Therefore, the defendant engaged in driving service has a duty of care to ensure that the defendant is under the influence of alcohol, properly see the front side, and reduce the speed so as not to shock the victim.

Nevertheless, the Defendant neglected this and got the part of the victim's body as the front part of the Defendant's vehicle by negligence, and caused the victim to die on October 26, 2013 at G Hospital located in the North-gu Seoul Northern-gu, Gwangju to die due to cardiopulmonary suspension, etc.

2. 도로교통법위반(음주운전) 피고인은 2013. 10. 26. 04:35경 혈중알코올농도 0.063%의 술에 취한 상태에서 광주 북구 용봉동에 있는 ‘불땡’주점 앞 도로에서부터 같은 구 삼각동에 있는 삼각그린아파트 앞 도로까지 약 3km 가량 D 쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2) (2) (on-site survey report) and photographs of the accident site;

1. A report on detection of a host driver, etc.;

1. Application of Acts and subordinate statutes of a death certificate;

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 sound driving, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of occupational death and death, the

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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act, the Act on Probation, etc.;