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(영문) 광주지방법원 2013.08.29 2013고단3469
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

피고인은 C 포터∥ 화물차의 운전업무에 종사하는 사람이다.

On June 29, 2013, at around 00:35, the Defendant driven the above cargo while under the influence of alcohol with 0.130% of blood alcohol level, and led to the driving of the above cargo in front of the non-ASEAN middle school which is located in the winter-dong of Gwangju Mine-gu in accordance with three-lane from the surface of the Science and Technology Research Institute to the surface of the mining ICT bank.

At the time, night and there were three-distance crossings where yellow dust is installed, so in such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who is on a roadway or a vehicle already in progress, and to safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant found the victim D(27 years of age) who was in a three-lane course due to the negligence of neglecting it, and did not avoid it, and received the victim's upper half and lower half of the victim's left-hand side as well as the front part of the right-hand side of the Defendant's vehicle.

Ultimately, at around 00:50 on the same day, the Defendant caused the death of the victim due to scarcity damage in the emergency room of the F Hospital located in Gwangju Mine-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police officer in G;

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 a corpse autopsy;

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, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act among concurrent offenders (decision of type of punishment)

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