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(영문) 창원지방법원 밀양지원 2021.03.09 2020고단494

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal history] On June 28, 2010, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court was issued on October 11, 2010. On November 21, 201, the Defendant was issued a summary order of KRW 3,00,000 as a fine due to a crime of violating the Road Traffic Act (dacting driving) in the Changwon District Court’s smuggling support. On November 21, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution.

[Criminal facts]

1. On October 21, 2020, the Defendant: (a) driven C Poter Cargo Vehicles while under the influence of alcohol content of 0.182% in blood on the front of B at the time of smuggling around October 21, 2020.

2. The defendant is a person who is engaged in driving of CPoter cargo vehicles.

On October 21, 2020, the Defendant driven the above cargo vehicle around 21:50, and got to turn to the left at the Eth page at the front of the hospital at the time of smuggling.

On the other hand, since the vehicle signal apparatus has been installed, the driver had a duty of care to prevent accidents by taking the front door and the left and the right of the driver and driving safely in accordance with the new code.

Nevertheless, the Defendant, while driving under the influence of alcohol, was negligent in violating the left and right-hand signal while driving in a straight line without showing the front line properly, and the Gcoon of the victim FF driving, who was in accordance with the new code, was shocked by the front part of the Defendant’s front part of the back-hand vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim F, such as salt and tensions that require approximately two weeks of treatment, and the injury to the victim H, who was accompanied by the Defendant’s cargo vehicle, about four weeks of treatment, such as hair and picture, respectively.

Summary of Evidence

1. Statement F of the Defendant’s legal statement