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(영문) 광주지방법원 해남지원 2014.03.05 2013고단324

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 C-R trucks.

On August 3, 2013, the Defendant was under the influence of 02:45% of blood alcohol level 0.158%, and was driven in the same truck with the victim D (27 years of age) loaded the above truck, and had the front road of 1062 Sindo-Seoul, Geumdo-dong, Geumdo-dong, Sindo-dong along the same way as the one lane in the direction of the Tririri-ri direction.

In such cases, the Defendant had a duty of care not to drive the victim with the vehicle loaded in order to prevent the fall of the victim.

Nevertheless, the Defendant neglected this and caused the death of the victim due to cerebral transfusion and multiple organ damage in the “F Hospital” located in the Seo-gu in Gwangju, Seo-gu, Gwangju, where the victim was under transportation treatment at around 20:25 on the same day, by falling the victim on the road due to negligence that was driven in the loading of the above truck while drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. Each police statement made to H and I;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. A death diagnosis certificate (D);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, 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 and the choice of imprisonment);

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 (wholly agreed with the bereaved family members of the victim, the defendant is a primary offender who has no record of criminal punishment, the defendant is deeply divided and reflected in his/her mistake, and various circumstances, such as the age, character and conduct, family environment, and circumstances after the crime, etc. recorded in the records of this case);

1. An order to attend a course under Article 62-2 of the Criminal Act;