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(영문) 부산지방법원 2014.01.21 2013고단6339

교통사고처리특례법위반등

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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 CPoter II cargo vehicles.

On June 22, 2013, the Defendant driven the above cargo while under the influence of alcohol 0.122% of blood alcohol level around 05:25, the Defendant driven the above cargo at around 05:25, and driven the road of four lanes in front of the GS25 (GS25), which is located in the Busan Jin-gu, Busan, with three lanes in the vicinity of the intersection.

At this point, there was a crosswalk where signal lights are installed, so the driver of the motor vehicle had a duty of care to live well in the front and to prevent the accident by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the victim D (the 65 years old) who dried the crosswalk on the right side of the road along the direction of the road by negligence in violation of the signal, to go beyond the ground floor.

At around 09:20 of the same day, the Defendant caused the victim to have the above occupational negligence and caused the victim's fright death from the F Hospital located in Seo-gu Busan, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

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

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 concerning facts constituting an offense (the point of sound driving);

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

1. Article 62 (1) of the Criminal Act (see, e.g., reflective deposits of KRW 29,500,000,000 and comprehensive insurance coverage);

1. Social service order under Article 62-2 of the Criminal Act;