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(영문) 광주지방법원 순천지원 2014.07.16 2014고단558
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

On December 31, 2013, the Defendant, while under the influence of alcohol of 0.06% of blood alcohol concentration at 0.06% on December 31, 2013, the Defendant driven a Cpool car with three lanes in front of the Gpolym apartment at the time of leisure, and continued two lanes in front of the Fpom apartment at the front of the Fpom.

Since the front door is an intersection where crosswalks and signals are installed, the driver of a motor vehicle has a duty of care to prevent accidents in advance by checking the safety of signals and pedestrians, and by safely driving the front door by checking the safety of signals and pedestrians.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding with the above duty of care, and the Defendant got the victim D(72 years of age) who walked to the right from the left side of the vehicle driving direction to the right side according to the pedestrian signal at the front-hand crosswalk of the Defendant’s vehicle.

Ultimately, around December 31, 2013, at around 14:15, the Defendant caused the death of the victim due to occupational negligence by pressure from cerebral blood in the emergency room of the E Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The report on traffic accidents, the actual condition survey report (1), and (2);

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of occupational death and death, the

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The first and second crimes committed by the defendant, the agreement with the bereaved family members of the victim, the degree of taking action, etc. at the time of the accident);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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