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(영문) 춘천지방법원 2016.02.05 2015고단1273
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On November 7, 2015, the Defendant, while under the influence of alcohol 0.096% during blood transfusions, proceeded with the road of the first line in front of the convenience store located in Chuncheon-si, along with the dam for common knowledge at the direction of the E convenience store.

At the time, since the night is getting off and getting off, there was a duty of care to safely check whether there is a person who gets on the way to reduce the speed and check well the front door, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim F (51) who walked on a road before the Defendant’s front of the Defendant’s person due to negligence, which led the Defendant to go beyond the ground by taking the part as the front part of the said car.

Ultimately, the Defendant caused the victim to die by occupational negligence on November 8, 2015, at the Hancheon-si Hospital located mainly in the number of 77 Chuncheon Sincheon-si around 07:35 on November 8, 2015.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a driver at home and a report on the circumstances of the driver at home;

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 According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of and the selection of imprisonment without prison labor), and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol driving and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Sentencing Guidelines for the Reasons for Sentencing Article 62-2 of the Criminal Act [the scope of recommended punishment] [the scope of recommended punishment] types 2 of ordinary traffic accidents (accidents, etc. from April to October) [the special mitigation (aggravating)].

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