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(영문) 전주지방법원 정읍지원 2015.08.11 2015고단253
교통사고처리특례법위반등
Text

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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

At around 15:40 on April 24, 2015, the Defendant driven the above cargo vehicle from the sloping-ro kingk-ro sloping-ro sloping-ro sloping-ro, and became straight in one way from the sloping-ro to the sloping surface of the same sloping-si.

In this case, the driver of the vehicle has a duty of care to check whether the vehicle crosses at a certain speed in a clear mental state and to drive safely.

Nevertheless, while under the influence of alcohol level 0.054%, the Defendant, by negligence in the course of performing his duties while neglecting the above duty of care, led the victim C (37 years of age) who was driving on the left-hand side from the right-hand side of the Defendant’s course due to negligence in the course of performing his duties, shocked the Defendant into the front-hand part of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, namely, brain pressure from the tin.

2. On the date and time set forth in paragraph (1), the Defendant driven the above cargo vehicle while under the influence of alcohol by 0.054% in a section of about 1km from the 1km to the front line of the sloping road at the seat of the sking-do-Eup. Do-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The actual condition survey report;

1. The ledger of use of a drinking-free measuring instrument, and notification of completion of correction;

1. The circumstantial statement (A) and the report on the detection of a host driver (A);

1. Notification of results of the comprehensive analysis of traffic accidents;

1. A death certificate;

1. Application of 22 copies of on-site photographs and 5 copies of visual photographs; and

1. Relevant legal provisions for criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act, and Article 3 of the Road Traffic Act.

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