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(영문) 광주지방법원 2013.06.13 2013고단1129

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA PP car.

On February 1, 2013, at around 01:14, the Defendant driven the said car while under the influence of alcohol with 0.097% of blood alcohol concentration, and proceeded with the front of the 202 main apartment road located in the 202 main apartment zone in the 202 main apartment zone in Gwangju Northern-gu.

At the time, it was difficult for an automobile driving at night due to the beam of the headlights of automobiles driving at night, and since it is an apartment road near the apartment site, there is a lot of passage for people. In such a case, the Defendant, who is engaged in driving, has a duty of care to prevent accidents in advance by accurately operating the steering and brakes while driving the steering and brakes well without drinking, and operating it.

Nevertheless, the defendant neglected to do so before the sobrith of the sobrith of the sobrith of the city, and the victim E (the 30 years old and the 29 years old) and the victim F (the 29 years old) who passed the road to the right side in the left side of the running direction of the defendant.

As a result, the Defendant, at around 04:00 on the same day, caused the death of the victim E from the emergency room of the H Hospital located in Gwangju Northern-gu G due to blood transfusions, etc., and at the same time, suffered injury, such as a franchising f in need of approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on detection of a host driver;

1. Photographs, ctv photographs;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 3 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents to Victims E of Selection of Punishment and imprisonment for a crime of violating the Road Traffic Act;

1. Aggravation for concurrent crimes;