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(영문) 전주지방법원 2014.04.25 2014고단93
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 a small cargo vehicle B and B.

On December 20, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.133% of blood alcohol concentration around 23:50 on December 20, 2013, and proceeded with about 60 km of speed in the direction of south in the direction of south, from the forest room near the large village to the direction of the mountain room.

At the time, it was difficult for a bridge surface to flick due to snow that occurred at night and night, so in such a case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the

Nevertheless, the Defendant neglected this and caused the accident to be centered at the point of accident due to negligence while driving under the influence of alcohol, and the central separation zone and the guard day, followed by the front part of the Defendant’s vehicle, which was parked on the right side of the road due to a prior accident.

Ultimately, at around December 21, 2013, the Defendant caused the death of the victim E (V, 46 years of age) who was on board the Defendant’s vehicle at the Geumcheon-gu Hospital in Seoul Special Metropolitan City on December 21, 2013 due to the foregoing occupational negligence, such as a low blood dose shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on detection of a host driver;

1. A death certificate;

1. Application of the practical survey report, on-site evidence and photographs-related Acts and subordinate statutes;

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 occupation of sound driving and 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. The fact that there is no record of criminal punishment, confessions and reflects with the victim's bereaved family under Article 62 (1) of the Criminal Act during the suspension of execution.

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