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(영문) 창원지방법원 2014.04.29 2013고단3569
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 1, 2013, the Defendant, at around 06:10, driven a 125C tetoma with no registration license plate, while under the influence of alcohol 0.065% of blood alcohol concentration, and led to a two-lane road in front of the Sungwon-si, Changwon-si, Sungwon-si, Sungwon-si, to proceed directly in the direction of the New Village plaza at the egsan-dong room.

In such cases, a person engaged in the Otoba driving has a duty of care to prevent traffic accidents by accurately operating the steering and steering system, and by accurately operating the steering and steering system.

Nevertheless, the defendant neglected to do so and caused fluoral trees at the right side side of the running direction and roadside trees to go beyond the road by neglecting it.

Ultimately, at around 11:30 of the same month, the Defendant caused the death of a victim C (the age of 22) who was on board the back seat of the Defendant’s vehicle due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a report on the actual condition of a traffic accident (2) and on-site photographs

1. A report on detection of a drinking driver and a written appraisal of blood alcohol;

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

1. Relevant legal provisions concerning criminal facts, 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) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

2. From among concurrent crimes, the fact that the defendant, who was punished for a violation of the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act among concurrent crimes, caused a traffic accident that causes the death of a victim while driving under drinking, and the fact that the defendant did not agree with or have not received any letter from his/her bereaved family members.

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