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(영문) 창원지방법원 2013.11.08 2013고단2184
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

On July 6, 2013, the Defendant, who is engaged in driving of Bunst vehicle volume, is driving the said vehicle in front of the Nonghyup Franchiscis, Kim Jong-dong, Kim Jong-si, in the state of alcohol concentration of 0.051% under the influence of alcohol at the 0.051% of the blood alcohol concentration, and proceeds from the side of the fish bank, treatmenttopy apartment.

A lane has been changed to the left-hand side to make an internship.

In such a case, the defendant has a duty of care to operate direction direction, etc. to give notice of change of course, and to change the lane in the situation of traffic in the front and rear left.

Nevertheless, the Defendant neglected this and got the victim C(46 years old)'s front part of the victim C(46 years old) driving to go beyond the left part of the Defendant's vehicle. However, the Defendant neglected it and got the victim's front part of the victim C(46 years old) driving to go into one lane.

As a result, the Defendant caused the victim to die in the workplace due to the said occupational negligence due to the chest and double long-term damage.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written report from an employee of an employer;

1. A corpse of corpse;

1. Application of the Act and subordinate statutes on Domestic Sales Reports;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 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 the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the penalty), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order have caused a traffic accident while driving under influence of alcohol.

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