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(영문) 광주지방법원 순천지원 2014.03.14 2014고단132
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 driving of C Freight Vehicles.

On January 27, 2014, at around 22:00, the Defendant driven the said car while under the influence of alcohol of 0.137% of alcohol content, and proceeded one way in front of the village, such as the land located in the second half of the area of Goung-gun, Goung-gun, Goung-gun, Goung-gun, the Defendant proceeded one-lane from the area of the D hospital to the area of the village, such as the geographical village.

At the time, there was a relatively limited place in the road, which is a night and a remote stop, so there was a duty of care to drive safely by thoroughly operating the steering system and the steering system.

Nevertheless, the Defendant neglected to do so due to the negligent negligence while driving the F.O., which was driven by the victim E (the age of 52) and driven by the victim E (the age of 52), took the right part of the F.O.M. to the right part of the F.M., and moved the above O.M. and the victim into the ground, and moved about about 50 meters to the right side of the said cargo.

Ultimately, around January 27, 2014, around 23:15, the Defendant caused the death of the victim due to the cerebral damage in a hospital located in Goung-gun G in Goung-gun, Goung-gun, Goung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The circumstantial report of an employee;

1. Making a report on the control of drinking driving;

1. The actual investigation report on each traffic accident;

1. On-site evidence photographs of a traffic accident;

1. Application of Acts and subordinate statutes to the protocol of autopsy 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 occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents]

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