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(영문) 대구지방법원 포항지원 2015.04.09 2014고단1283
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:20 on August 14, 2014, the Defendant driven a FK5 vehicle in the section of about 5 km from the front day of the Defendant’s house located in the north-gu, Manpo-gu, Manpo-si C while under the influence of alcohol by 0.136%.

2. While the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving a vehicle on a three-lane road in front of the Egyptian in front of the Egyptian and driving a vehicle at a speed of about 50 kilometers per hour from the right edge to the right edge of the distance along three-lanes, the Defendant did not find out the G (76 years and female) who crossed the road to the right edge of the road from the left side of the direction where the Defendant was under influence of alcohol due to occupational negligence, and did not discover the victim’s G (76 years and female) and caused the victim to die from the victim’s right side side of the vehicle driven by the Defendant at around 16:40 on August 14, 2014.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to H and I;

1. A report on detection of a host driver;

1. A death certificate;

1. Application of Acts and subordinate statutes to accident photographs and actual survey report;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of occupational negligence resulting in death and death, the choice of imprisonment without prison labor);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act within the scope of the sum of the long-term punishments of the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which are heavier than the penalty, and the aggravated punishment of two concurrent crimes: Provided, That the lowest

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] are general.

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