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(영문) 창원지방법원 진주지원 2016.04.06 2015고단1205

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of C Poter freight vehicles.

On May 8, 2015, the Defendant driven the above cargo vehicles around 19:30, and led to a two-lane between the two-lanes from the area where the gold farm is located to the area where the gold farm is located at the gold farm and the first-dong agricultural product also runs along the two-lanes from the area where the gold farm is located at the jurisdiction of each market.

A driver of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents by checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant did not discover the E-wing truck of the victim D(42 aged) who was parked in the signal atmosphere due to negligence when he neglected to take the front time while under the influence of alcohol content 0.139% in blood, and concealed the back part of the victim's cargo loaded in the front part of the cargo vehicle of the defendant.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim D the injury of catum cat, etc., which requires approximately three weeks of medical treatment, and the injury of catum catum, which requires medical treatment for about 10 days to the victim F (F, 11 years of age), and G (W, 10 years of age).

2. The Defendant violated the Road Traffic Act (drinking driving) driven the Potering vehicle at a section of about 1 km from the front of the Geum Village Center located in the Geum-si in Jinju-si in the state of alcohol concentration of 0.139% in the daily border like the above paragraph (1) to the Geumsan road located on the same side.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigative into the results of traffic accident reports, traffic accident reports, the statement of the circumstances of the driver involved in driving, the report on detection of the driver involved in driving, and the control of drinking;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Road Traffic Act concerning criminal facts.