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(영문) 수원지방법원 2014.10.16 2014고단3867
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 the duties of driving Cone Star Co., Ltd.

On June 29, 2014, at around 04:15, the Defendant driven the above mix with alcohol concentration of 0.087%, while under the influence of alcohol, and proceeded at a speed of about 40km in speed of about 40km in the direction of the direction of the water direction on the two-lanes in the direction of the direction of the water direction on the two-lane in the direction of the water direction.

At the time, there was a duty of care to reduce the speed and to drive safely by checking well the right and the right and the right of the person engaged in driving of the motor vehicle, since the new wall that led to the time is not installed and street lights are not installed.

Nevertheless, the Defendant failed to discover the victim D (year 51) who is crossing the road from the right side of the proceeding direction to the left-hand side by negligence, while neglecting this, and continued to proceed as it is, and received the victim as the front part of the above passenger car.

The Defendant, by occupational negligence, caused the victim to die due to serious injury to symptoms.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The actual condition survey report;

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

1. Relevant provisions of relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

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

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the defendant reflects his mistake, that there is no record of punishment exceeding the fine, and that there is no recommended sentencing guidelines for the traffic accident of this case and concurrent crimes under the former part of Article 37 of the Criminal Act, and that the sentencing guidelines are not applied as they are.

In the area of mitigation (from April to October) (General Traffic Accidents Death, etc.).

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