logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2014.04.23 2014고단29
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

The defendant is a person driving a C-Scar car.

On January 1, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.103% around 00:20, while under the influence of alcohol, and led the Defendant to drive the said car at a speed of 100-meter road in the Don-do basin located in the Don-ri of Jindo-gun, Jindo-gun located in the Don-gun, Jindo-gun, the direction of the Jindo-do Do in the direction of the Jindo-do.

At the time of night, in such a case, a driver engaged in driving of a motor vehicle has a duty of care to care in advance by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant found the victim D(the age of 48) who was under way on the front side of the same direction as the Defendant’s driver’s vehicle due to negligence that neglected the duty of front-time care, delayed detection of the E 100cc occ occ that was driven by the victim D(the age of 48) and caused the victim to move the victim to the road by shocking the front part of the Defendant’s driver’s vehicle.

At around 00:20 on January 1, 2014, the Defendant caused the victim to die due to brain damage at the site of the foregoing accident by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A death certificate;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the victims of the suspended sentence have reached a full agreement with the bereaved family members of the victim, that the defendant has no criminal records of the same kind and the suspended sentence, and that the defendant has a deep variety of errors and reflects them.

arrow