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(영문) 춘천지방법원 속초지원 2013.09.11 2013고단248
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a CPoter Class II cargo vehicle.

On June 23, 2013, the Defendant driven the above cargo vehicles around 20:40, and led to the two-lane roads in front of the two-lanes of the Yangyang-si, Gangwon-do, Yangyang-do, at the speed of 60-70 km from the Yangyang-Eup to the upper limit of the two-lane.

At the time, at night, the road was a road where delivery was considerably china and the delivery was not installed separately, so there was a duty of care to prevent accidents in advance by taking into account the right and the right and the right of the vehicle driver while driving the vehicle well and safely.

Nevertheless, the Defendant neglected this and went beyond the floor of the victim's head, without finding a bicycle operated by the victim D (the aged 40) prior to the same lane due to the negligence that was driven by the influence of alcohol, etc., and without finding the bicycle in front of the same lane, the Defendant got the back part of the bicycle as it is in front of the left part of the above cargo vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die due to the cardiopulmonary injury at the F Hospital located in Gangseo-si E in Seoul Special Metropolitan City on June 24, 2013 at around 10:00.

2. On June 23, 2013, from around 21:40 to 22:00, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument three times in a manner that makes it difficult for the Defendant to recognize that he/she was under the influence of alcohol on the face by making it possible to recognize that he/she was under the influence of alcohol on the site of an accident, as prescribed in paragraph (1), immediately after having caused a traffic accident, such as paragraph (1) by a police officer I, etc. belonging to the same district police station H district office located in Gangwon-gu Seoul Metropolitan City G.

Nevertheless, the Defendant.

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