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(영문) 부산지방법원 2014.06.27 2014고단3359
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 25, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court on July 25, 2013, and three years of suspended execution are still under suspended execution, which became final and conclusive on August 2, 2013.

The Defendant is a person who is engaged in driving a CFIS car.

On March 15, 2014, at around 21:58, the Defendant driven the said car with a blood alcohol concentration of 0.129% without obtaining a driver’s license, and made it left left to the left from the edge of the gold-ro three-way complex from the edge of the gold-based post office, while driving the car with a blood alcohol concentration of 0.129%.

At the time, crosswalks are installed at night, and in such cases, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on a road by reducing speed and checking the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, under the influence of alcohol, the Defendant found the victim D (56 years old) who was crossing the left-hand side from the right-hand side of the front side due to the negligence of neglecting it, and received the victim as the front part of the Defendant's car.

Ultimately, the Defendant caused the death of the victim by occupational negligence on April 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, the ledger of driver's licenses, and the report on detection of drivers;

1. Application of Acts and subordinate statutes to the comprehensive traffic accident analysis report and death diagnosis report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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