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(영문) 부산지방법원 2014.12.12 2014고단7629

교통사고처리특례법위반등

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

1. Around 23:40 on June 4, 2014, the Defendant: (a) driven B Poter truck under the influence of alcohol with a blood alcohol content of about 0.164% from a section of approximately 300 meters to the roads in front of the Southern subway Station located in the Geum-gu Busan Metropolitan City to the roads in front of the Southern subway Station located in the same Dong.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

On June 4, 2014, the Defendant driven the above cargo vehicle around 23:40, and got into one lane to drive the above cargo vehicle in order to drive the road of three-lanes in front of the Southern subway Station in the Namsan-dong of Busan, with a blood alcohol concentration of 0.164%.

At the time of night, there was a flow of the front door door door door door door door door door door door door door door door door door door door door door, and there was a lot of traffic vehicles without permission, so the driver of the vehicle must make an internship at a place permitted by the driver of the vehicle, and the driver of the vehicle has a duty of care to prevent the accident in advance by checking the front door door and left door door door well before making a U-turn.

Nevertheless, the Defendant neglected this and did not look at the front side and right side of a road in which U.S. is not allowed to be a U.S., but entered the first lane, and received the front side of the victim C(56 years old) driving in the same direction as the front side of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on video recording devices to photograph a photograph, a report on detection of a host driver, a diagnostic certificate, and an accident video CD;

1. The relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;