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(영문) 창원지방법원 2014.10.28 2014고단2214
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 09:10 on July 4, 2014, the Defendant was a person engaged in driving a D E-cub car, and the Defendant was driving the said car at around 09:068% of blood alcohol concentration and led to the death of the victim E-(38 years old) who dried the crosswalk in accordance with the stop signal due to the negligence of driving it on the side of the crosswalk while driving it on the K-cubic Road at 2596 way as Kimhae-si, Kimhae-si, Kimhae-si, Kim Jong-si, and driving it on the G-cubic Road at the Busan B-si, Kimhae-si, which was in violation of the stop signal, and caused the death of the head on the road.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

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);

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

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. Scope of the recommended sentencing guidelines - The area where the death of a traffic accident is aggravated (in cases where illegality is serious in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, punishment shall not be imposed): Imprisonment for a year from one year to three years - the sentencing guidelines for drunk driving are not

2. Considering circumstances - A favorable circumstances: reflectivity, the victim's bereaved family members' penalty not to be imposed - unfavorable circumstances: The occurrence of death results, the degree of negligence due to drinking and signal violations, even though time has elapsed, driving is more severe.

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