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(영문) 광주지방법원 2013.07.25 2013고단2194
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On April 19, 2013, at around 07:45, the Defendant driven the said car under the influence of alcohol of 0.14%, and driven the said car along the three-lane road in front of the Taebong-gu, Gwangju, North-gu, Seoul, along a three-lane road in front of the Taebong-gu, Seoul.

At all times, since the center length of the yellow light line is installed, there was a duty of care to safely drive the motor vehicle driving service provider in accordance with the direction direction through thorough operation of the front line.

그럼에도 피고인은 이를 게을리 한 채 그대로 직진하다가 중앙선을 침범한 과실로, 반대편 버스정류장에 서 있던 피해자 D(22세)를 피고인이 운전하는 위 화물차의 앞 범퍼 부분으로 들이받아, 피해자가 8m 가량 튕긴 후 인도 경계석에 부딪히게 하였다.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, namely, the death of the victim due to brain damage from the tin.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to E;

1. A traffic accident report;

1. Report on the request for appraisal, report on the detection of a host driver, and investigation report (applicable to the Ba mark as a result of collection of blood);

1. Application of Acts and subordinate statutes to dead bodies, postmortem plans, and statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of occupational death and death, the

1. Reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 38(2) and 50 of the Criminal Act among concurrent crimes [decision of types] traffic crimes group. 01 ordinary traffic accidents.

2. Death of traffic accident (special sponsor) - illegality in the proviso of Article 3(2) of the Act on the Special Treatment of Persons under Special Guard.

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