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(영문) 부산지방법원 2012.09.25 2012고단5618

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 27, 2012, the Defendant is a driver of B Car Car, and was driving the said car under the influence of alcohol concentration of 0.100% on blood on May 27, 2012, and became to turn to the left at a speed of 40km per hour at the speed of 3-lanes in the direction of lighting from D Apartments.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to reduce the speed to the person engaged in driving service and drive safely according to the signals.

Nevertheless, the Defendant neglected this and received the front part of the F cab driven by the victim E (the aged 59) who was driven by the victim E (the aged 59) in accordance with the new code from the right side of the said car from the right side of the horse when the vehicle signal was neglected and left left.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, such as climatic salt in need of approximately three weeks of medical treatment on the part of the victim G (V, 26 years of age), who was on board the said taxi, on the part of the victim G (V, and 29 years of age) who was in need of medical treatment for about two weeks of age, suffered from the injury of the following: (a) the injury of the climatic in need of medical treatment on the part of the victim H (V, 29 years of age); (b) the injury of the climatic salt, tension, etc. in need of medical treatment for about two weeks of age; (c) the injury of the climatic in need of medical treatment for about 12 weeks of age to the victim J (J).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment, imprisonment without prison labor and imprisonment;