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(영문) 광주지방법원 2013.10.23 2013고단4162
교통사고처리특례법위반등
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for one year;

(b)Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in the operation of EYF rocketing and passenger cars. A.

On June 1, 2013, at around 20:00, the Defendant driven the said vehicle under the influence of alcohol level of about 0.120% in the section of approximately 2 km of alcohol level from the front of the Hyundai Madle Hospital located in the Seo-gu, Seo-gu, Gwangju to the front day of the construction of the river site funeral hall located in the same monthly Dong.

B. On June 1, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol, driven the said car and proceeded ahead of the building volume of the Incheon-dong funeral hall in Seo-gu, Seo-gu, Seo-gu, Gwangju, to the intersection from the distance of the construction section of the month.

Since the Defendant was under the influence of alcohol as above at the time, even though he was unable to drive the said vehicle, when he negligently driven the said vehicle by negligence, he was in the front part of the said vehicle by driving the vehicle on the right side of the victim F (W, 78 years old), which was a crosswalk without signal lights from the left side of the driving direction of the said vehicle.

Ultimately, the Defendant caused the death of the victim from the G Hospital, which was under the after-treatment of the victim by occupational negligence, due to the “blood surgery”, etc.

2. On June 1, 2013, Defendant B, at around 22:05, the facts at the traffic department and office of the Gwangju Seo-dong Police Station located in Seo-gu, Seo-gu, Gwangju, Gwangju, but he was aware of the occurrence of a traffic accident while driving alcohol, Defendant B made a false statement to the traffic department of the above police station and assistant H affiliated therewith as if he had caused a traffic accident, thereby allowing the criminal to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning B;

1. A death certificate;

1. Investigation Report - Application of the Acts and subordinate statutes governing the Tradmark application

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and death by occupational negligence, the choice of imprisonment without prison labor).

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