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(영문) 광주지방법원 2013.04.23 2013고단861

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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 driving of B Poter Cargo Vehicles.

On January 1, 2013, at around 14:40, the Defendant driven the above cargo while under the influence of alcohol of 0.08% with blood alcohol concentration, and led to the driving of the vehicle at a speed of about 40km from the direction of the new village located in the Dong-dong of Gwangju Mine-gu at a speed of about 140km.

At the same time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and brake system of the vehicle with the driver of the vehicle, and in such a case, the driver of the vehicle had a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and tried to find out the victim C(61) who was walking on the opposite road while walking on the opposite road. However, the part behind the left-hand side of the D Driving's EKaren car parked on the right-hand side of the road, which was turned down on the snow, was shocked by the central line to the right-hand side of the Defendant's driving freight, and continued to sprink the victim into the front part of the Defendant's driving freight, and got the victim over the ground.

Ultimately, the Defendant suffered injury to the victim, such as the closure of a flasium, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident under D or C;

1. A traffic accident report (1) and a traffic accident report (2);

1. A report on detection of a host driver;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 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, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of drinking and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (within the scope of combined long-term punishments);

1. Suspension of execution;