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(영문) 광주지방법원 순천지원 2013.07.18 2013고단1094
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for one year.

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 freight Class D Ⅱ.

On June 12, 2013, the Defendant driven the above cargo under the influence of 0.067% alcohol level without obtaining a driver’s license on June 12, 2013, while driving the said cargo at the speed of 0.067%, and driving the left-hand turn from the north village at the Doyang-gu Office of Doyang-gu, Doyang-gun, Doyang-gun to the north village of the Doyang-do. The Defendant neglected the e (66 years old) of the Defendant’s vehicle at the opposite direction of the vehicle, and continued to drive the said cargo at the speed of 0.06%, caused the victim’s death at the front left-hand part of the front left-hand part of the Defendant’s vehicle, and caused the victim to drive the said cargo at the right-hand side of the Doyang-Eup, Doyang-gun, and caused the victim to drive it at the right-hand side of the Do-Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Statement of the police officer to I;

1. A traffic accident report;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of elective Traffic Accidents: Imprisonment without prison labor or a violation of the Road Traffic Act;

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

1. The fact that suspended execution is covered by the automobile comprehensive insurance under Article 62 (1) of the Criminal Act; and

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