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(영문) 의정부지방법원 2014.08.22 2014고단2231
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

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

On May 9, 2014, the Defendant driven the above cargo while under the influence of alcohol of 0.091% with blood alcohol concentration around 16:30 on May 16:30, 2014, and led to the left-hand turn from the intersection of the shooting distance in front of the Dong Industrial Complex, Dongwon-gun, Dongwon-gun, Seowon-gun, Gangwon-do, to the left-hand turn at the right-hand edge of both villages

Since the place has a private road crossing, the driver of the vehicle had a duty of care to safely operate the steering system and the steering system by properly operating the steering system and the steering system.

Nevertheless, the Defendant neglected to turn to the left as it was and neglected, and instead, received the front 100 wheels of the victim D(78 years old) driving 100 Oral Top, the front 100 Oraltop part of the Defendant’s cargo vehicle, which was the front left part of the Defendant’s cargo vehicle.

Ultimately, at around 01:44 on June 17, 2014, the Defendant caused the death of the victim due to the above occupational negligence, such as the shock of pulmonary blood transfusion in the medical care room for the patient with a government-oriented mother hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

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

1. A report on detection of a host driver;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) of the relevant Act on Criminal Facts, the Act on Special Cases concerning Handling 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 and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (Provided, That it shall be within the scope of summing up the long-term punishments prescribed for each crime);

1. Article 62 (1) of the Criminal Act (Consideration to the following favorable circumstances, etc.):

1. The traffic accident of this case on the grounds of sentencing Article 62-2 of the Criminal Act for providing community service and attending lectures.

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