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(영문) 의정부지방법원 2019.02.12 2018고단2646
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for 4 years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a motor vehicle B, who is driving a motor vehicle at the low speed. On May 13, 2018, while under the influence of 0.066% of the blood alcohol concentration at around 10:30 on May 13, 2018, the Defendant stated that the bill of indictment on the left side of the road on the left side of the road is a clerical error on the left side of the left side of the road in accordance with evidence, while driving a motor vehicle at a two-lane 26.9km point on the side of the entrance of the tunnel at the Seopan-gunan-gun-gun, Gyeonggi-do, which is located in the Seopan-gunan-gun, in accordance with one-lane of the two-lanes of the entrance of the tunnel.

From around 12:53 on the same day, the victims C (year 71) and D (year 60) of the Defendant’s driver’s driver’s driver’s car by shocking the central separation stife, drifties, drife, etc. installed in the center, caused the death of each of the F Hospital located in Namyang-si, Namyang-si, Gyeonggi-do, due to the drifeing of a drife and internal organ damage, etc., and the same G (year 30) suffered injury, such as the escape of the driff

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the report on the actual condition of the driver, and the photograph of the accident scene;

1. Application of Acts and subordinate statutes to a medical certificate, corpse inspection report;

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;

1. Determination of each sentence by imprisonment without prison labor for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents and the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The defendant's drinking and driving on the grounds of sentencing under Article 62 (1) of the Criminal Act.

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