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(영문) 대구지방법원 안동지원 2013.06.20 2013고단209
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-W-W-W-W-W-W-W-W-C.

On March 1, 2013, at around 17:08, the Defendant driven the above cargo while under the influence of alcohol of 0.142%, and led to the driving of the said cargo to the same Eup/Myeon from the direction of Pungsan Elementary School in front of the Hari-gu, Pungsan-si.

Since this is a hond road towards port, there was a duty of care to safely drive the motor vehicle by reducing speed and accurately manipulating the steering gear and brakes.

Nevertheless, due to the negligence of neglecting it while driving on the right side of the above cargo, the day on which the truck was set up on the right side of the above cargo, and due to the shock, the said cargo was pushed down on the left side of the cargo, and the cargo was cut down again into the river, and then was cut down into the river, which is opposite to the direction of the proceeding.

Ultimately, the Defendant caused the death of C (the age of 58) who was on board the above cargo due to the above occupational negligence due to brain damage in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, a traffic accident report, and a written examination of dead bodies;

1. Relevant legal provisions concerning criminal facts, 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 According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes within the scope of the sum of the long-term punishments stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier punishment] and the lower limit shall be the penalty for the violation of the Road Traffic Act (limited to the punishment specified for the crime of running sound

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