beta
(영문) 대구지방법원 김천지원 2015.12.09 2015고단1146

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

The Defendant is a person who is engaged in driving of Poter Freight.

On April 29, 2015, the Defendant driven the above cargo while under the influence of alcohol level of 0.142% on the celebroid road of the Simsan-Eup, Simsan-si, Simsan-si on April 29, 2015, and led the said cargo to go through the celebrosis of the Simsan-Eup on the open side.

Since there is a place where the central separation cost is installed, there was a duty of care to operate to the person engaged in driving service on the right side of the central separation zone.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(53) driving in the opposite direction to the Defendant due to the negligence of driving the said cargo in the left-hand side of the central separation zone, and received the front-hand part of the cargo vehicle from the victim D(53).

Ultimately, at around 03:07 of the following day, the Defendant caused the death of the victim due to the long-term injury to multiple traumas at the emergency department of the Gu-U.S. Hospital located in the Gu-U.S. Si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. A report on the occurrence of each traffic accident, a report on actual condition investigation, and a photograph of each accident site;

1. Reporting on a request for appraisal (A, No. 107 pages, 108 pages of investigation records);

1. Application of statutes to a copy of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, 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 occupation of drinking and the choice of imprisonment);

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the lowest sentence shall be imposed by the penalty determined for the violation of the Road Traffic Act, and shall be imposed by imprisonment with prison labor for an aggravated number of concurrent crimes within the scope of the sum of the long-term punishments stipulated for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, with heavier penalty];

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.