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(영문) 수원지방법원 여주지원 2014.04.28 2014고단44
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that 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 July 6, 2013, while under the influence of alcohol of 0.091% from blood alcohol level, the Defendant driven the above vehicle within approximately seven kilometers from 0.7 kilometers in the section from 0.091% to 0.091% from 0.09% from 0.00 to 0.00 meters from 19.00 to 3.00,000 to 80 kilometers in each city.

Since a road is located on the left-hand side, there was a duty of care to prevent accidents by reducing the speed for those engaged in driving vehicles, complying with the vehicle line, and accurately manipulating the steering direction and operating system of vehicles.

Nevertheless, the Defendant was negligent in driving stroke while driving stroke while driving stroke, without sufficiently turning off the lane, and by negligent negligence in the front part of the Defendant’s driving vehicle, which led to the death of the victim C (the 47 years old), who is the seat of the Defendant’s driver’s vehicle, due to serious brain injury, etc. while receiving medical treatment at the E hospital located in the city located in the city of nuclear power, at around 21:35 on the same day. The Defendant suffered from the injury of F (the f years old), who is the seat of the same vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. A death certificate and a medical certificate;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Handling of Traffic Accidents);

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents.

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