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(영문) 울산지방법원 2014.05.30 2014고단385
교통사고처리특례법위반등
Text

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

except that 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 CK5 cars.

On November 11, 2013, the Defendant driven the said vehicle at a speed of 0.105% with alcohol concentration of 0.105% on blood alcohol level around 23:08, and driven the said vehicle at a speed of about 70 km from the string distance to the stringro-ri speed.

At the time of night, it was difficult to view the front door at night, so there was a duty of care to reduce the speed for those engaged in driving business, to take the front door and left door well, and to accurately manipulate the steering direction and brakes so as to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the defendant, by negligence, neglected to do so, obtained the victim's right-hand bridge and the head side of the victim D(53 years of age) crossing the road from the right-hand side of the defendant's running direction from the defendant's driving direction to the right-hand side of the defendant's vehicle, and exceeded the victim.

Ultimately, at around 01:50 on November 12, 2013, the Defendant caused the death of the victim due to the above occupational negligence due to the cerebral cerebral Bribery damage in the Gangseo-gu Busan Metropolitan City, Ulsan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver, and report on the status of a host driver;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act concerning facts constituting an offense (the occupation of driving a motor vehicle or the choice of imprisonment);

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 (the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents) shall be increased within the scope of the sum of the long-term punishments of the above two crimes, and shall be punished by imprisonment with prison labor: Provided, That the lowest sentence shall

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