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(영문) 광주지방법원 2018.05.17 2018고단483
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 22, 2018, while under the influence of alcohol level 0.070% from blood, the Defendant driven a dpo-fluor vehicle at around 05:50%, and led the Defendant to drive the dpo-fluor vehicle at the front side of the Southern Police Station located in the south-gu in Gwangju, Nam-gu, by two-lanes of the roads in front of the Southern Police Station, and the Defendant continued to drive the mountain-fluor tunnel in the front side of the mountain-fluor. Even if the signal of the direction was yellow-fluence, the Defendant proceeded without stopping at a speed lower level, without finding the victim E (7 years old) who was crossing the said road at the front side of the direction of the course, and went through the same bicycle at the top part of the upper part of the said vehicle, and caused the victim’s death by pressure around January 22, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each photograph (the sequence 4,5,15 of the evidence list);

1. Statement of the circumstances of the driver involved in driving;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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 point of drinking alcohol and the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and practical death, the selection of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (the punishment shall be imposed with imprisonment within the scope of the sum of the maximum term of imprisonment as provided for in each of the above crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Education [typed Decision] - Type 2 (Special Person Causing Traffic Accidents Death, etc.] - In the case of driving an aggravated element of mitigation - [the scope of recommended punishment] basic area / [the scope of recommended punishment] / 8 months or 2 years [general sentencing person] of the same criminal record [the decision of sentencing person] of the same kind of crime that does not constitute an aggravated element / The above sentencing person and the defendant recognized their mistake, the degree of alcohol level during blood transfusion, and the numerical value of alcohol level.

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