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(영문) 대전지방법원 서산지원 2014.05.22 2013고단970
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 who is engaged in the operation of Csch Rexton car.

On October 27, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.123% of alcohol concentration of 06:00, and driven the two-lane road in front of Enogic households in front of Enogic-ro 6101 in the Shilgic City, Shilgic City, Shildong, along the two-lanes from the Shilgic intersection to the Shilgic bus terminal at a speed of about 70km.

In this case, the person engaged in the driving of motor vehicles has a duty of care to accurately operate the steering direction and brake system and prevent accidents in advance by ensuring the safety distance with the vehicle ahead.

Nevertheless, as above, the Defendant was under the influence of alcohol while driving a Track for the victim D(65 years old) who was proceeding on the front bank by negligence while under the influence of alcohol.

As a result, the Defendant caused the death of the victim due to such occupational negligence in the emergency room of the F Hospital located in the Siljin-si E around October 27, 2013, such as the suspension of cardiopulmonary function during the transmission treatment at the emergency room of the F Hospital in the Siljin-si.

Summary of Evidence

1. Defendant's legal statement;

1. A performance-based driver report and an actual survey report;

1. An accident site photograph;

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

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, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act (within the scope of adding up the long-term punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was under the influence of alcohol while driving a motor vehicle while being under the influence of alcohol, and caused the victim to die, is that the defendant was disadvantageous to the defendant.

(b).

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