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(영문) 의정부지방법원 2014.04.08 2014고단142
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for two years.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving CK5 cars.

On November 26, 2013, at around 03:27, the Defendant driven the said car and proceeded in accordance with three-lanes of five-lanes from the surface of the government in the area of the Dobongsan Station to the same fishing household located in the city of the government. However, the Defendant had a duty of care to safely drive the said car by examining the front bank and the left and right of the driver.

Nevertheless, the Defendant, by negligence while driving a stroke in the state of drinking, obtained the back part of the EDamm Ban which was driven by the victim D (the age of 61) who was sent in the same direction four-lanes of drinking, as the front part of the Defendant’s vehicle, and caused the victim’s vehicle to conflict with the road side signal pole.

At around 04:08 on the same day, the Defendant caused the death of the above victim in the emergency room of G Hospital located in the Government-Si of the Government-Si of the Gu, in a multi-scopic and external manner.

Summary of Evidence

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

1. A written result of autopsy and postmortem examination;

1. The actual condition of traffic accidents;

1. On-site photographs and black boxes video materials;

1. Application of Acts and subordinate statutes to drinks, outputs of output from drinking, reports on the state of drinking drivers, reports on internal investigation (application of the dmark), and investigation reports (applicable to drinking or drinking at the time of the accident);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures [decision of type] 2 of general traffic accident (the death of a special person): Reduction element - Reduction element - Aggravation element: Victim's death, drinking condition [decision of the recommended area] 1 year to 3 years [limited to the scope of recommendation range] aggravation [decision of the recommended area] - Reduction element: Voluntary reflectivity and no record of criminal punishment [decision of sentence] 2 years of imprisonment without prison labor, probation period 3 years of probation, community service, 120 hours, 40 hours of compliance driving lectures

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