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(영문) 창원지방법원 거창지원 2013.07.03 2013고단146
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in C Slovasty.

On March 11, 2013, at around 18:40, the Defendant driven the said car with no mandatory insurance coverage of 0.185% of alcohol content 0.185% while under the influence of alcohol, and led the Defendant to drive the said car at a evis-gun of Gyeongcheon-gun, Gyeongcheon-gun, the Defendant continued to drive the said car at a evisic speed from the evisic surface to the evisic surface.

At that time, the defendant had a duty of care to safely drive a motor vehicle by making it possible for the driver of the motor vehicle to thoroughly see the situation of the motor vehicle, by making it possible for the driver of the motor vehicle to use the motor vehicle as a driver of the motor vehicle, and by securing a sufficient safety distance.

Nevertheless, the Defendant neglected this and proceeded with it, and received the rear part of the above vehicle as the front part of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the death of the victim at the site of the above temporary accident.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition and a report on actual status of a driver;

1. Application of Acts and subordinate statutes on accident site photographs, death diagnosis reports, and mandatory insurance policies;

1. Relevant legal provisions concerning facts constituting an offense, 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) 2 and Article 44 (1) of the Road Traffic Act (the fact of running a motor vehicle by drinking, the selection of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

1. Criteria for sentencing of traffic crimes (determination of types), traffic crimes, and two types of general traffic accidents (the resulting in a traffic accident) (the special person).

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