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(영문) 대구지방법원 김천지원 2013.08.14 2013고단558
교통사고처리특례법위반등
Text

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

except that 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

On February 24, 2013, when the Defendant was under the influence of 0.060% of blood alcohol concentration by business around 17:40 on the 17:2.24.2., while driving Bcoon in the middle distance at the entrance of an agro-industrial complex at the Gu-U.S., at the time of the Gu-U.S., one-lane of the three-lanes of the three-lanes from the Si-U.S. at the entrance of an agro-industrial complex at the Gu-U.S., and turn to the left, the Defendant was due to the occupational negligence of the victim C(47 years old) who was under the influence of the Gu-U.S., in violation of the signal while making a turn to the left, and was going to the right part of the front part of the Defendant’s cargo vehicle.

Ultimately, on February 24, 2013, around 19:37, the Defendant: (a) caused the victim C’s death with multiple organ damage at the E Hospital; (b) at the same time, the victim F, who is the passenger of the victimized vehicle, suffered injury, such as the complete single of the 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on the occurrence of each traffic accident (one report, two reports);

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

1. The actual condition survey report;

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

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavy circumstances);

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution;

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