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(영문) 대전지방법원 홍성지원 2013.08.09 2013고단429
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On May 14, 2013, the Defendant is a person engaged in driving C-III cargo vehicles. On May 14, 2013, the Defendant driven the above cargo vehicles under the influence of alcohol concentration of 0.054% by driving them in the state of under the influence of alcohol concentration of 0.054%. On May 14, 2013, the Defendant proceeded the two-lane road in the middle of the Hae-ri Hae-ri, the Hae-ri, the Hae-ri Hae-

There is a duty of care to safely drive the center line in order to prevent accidents in advance by safely driving the center line.

Nevertheless, the Defendant neglected this and led the victim D (e.g., older than 51) who was driven by the central line in the opposite direction against the Defendant by negligence moving back to the opposite line, which was driven by the victim D (e.g., older than 51).

Ultimately, the Defendant, by such occupational negligence, sent the victim to G Hospital in Bupyeong-gu, Seoul Special Metropolitan City F, and caused the victim’s death to a multi-life organ around 18:51 on May 17, 2013 during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on the occurrence of a traffic accident, a actual condition survey report, and on-site photographs;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of drinking and 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 occupation of occupational negligence resulting in death, and the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment with prison labor within the scope of the sum of the long-term punishments of the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment];

1. Article 62 (1) of the Criminal Act;

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

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