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(영문) 대구지방법원 서부지원 2013.04.30 2013고단177
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 00:10 on December 30, 2012, the Defendant driven a coo motor vehicle B with a blood alcohol concentration of about 0.10% in the section of about 1km from the front of the Fuuar apartment apartment in the Seo-gu Seo-gu, Daegu to the front of the Korean Electric Power Points located in the same Gu, Seogu, Seo-gu.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car of cuss.

The Defendant driven the above car at a one-time zone, and led the road front of the Korean-Fag Daegu located in the Seogu Fag-gu Fag-dong, Daegu, to go about about 30 km a speed of 40 km along the three-lane breadth of the Gu Magyeong-gu Private Teaching Institutes.

At the time, at night, a crosswalk was installed at the front door, and thus, the driver of the vehicle had a duty of care to prevent the accident in advance, after checking whether there is any person who gets on the front door and the left door in the driver of the vehicle, and checking whether there is a person who gets on the crosswalk.

Nevertheless, under the influence of alcohol, the Defendant neglected it and got the victim C (the age of 57) who is a pedestrian crossing over the crosswalk from the right side of the proceeding direction to the left side of the road due to his negligence and got the victim to go beyond the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the E Hospital located in Daegu-gu, Daegu-gu, where the victim was under the after-sale treatment around 19:30 on January 7, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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