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(영문) 광주지방법원 목포지원 2014.11.28 2014고단1522

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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B-Class truck in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving).

On August 2, 2014, the Defendant driven the above truck while under the influence of alcohol 0.141% of blood alcohol concentration on August 2, 2014, and the house front of the clean-distance clean-distance village at the school in the Hannam-gun of Pyeongtaek-gun was driving on the road from the distance of school to the Hap-Eup.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and found the pedestrian C (51 years of age) who intends to cross the vehicle to the right side from the left side of the driving vehicle of the Defendant due to the negligence of driving the vehicle while driving the vehicle, and tried to stop the vehicle, but did not avoid it, and received the victim's right side chest part by the left side of the driving vehicle of the Defendant.

The Defendant caused the victim by negligence in the course of performing the above duties, thereby suffering from a scarcity of a scarcity that requires treatment for about two weeks.

2. On August 2, 2014, the Defendant: (a) stated the Defendant’s name in the driver column in the driver’s column and indicated the Defendant’s name in the driver’s circumstantial report prepared by the Hamyeong-gun Embae Police Station Emba in Ham-gun, Chungcheongnam-gun, Chungcheongnam-gun on August 2, 2014; and (b) presented it to F without knowledge of the circumstances.

Accordingly, the defendant forged another person's signature for the purpose of exercising his/her right and used a forged private signature.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual condition, a report on the actual status of a drinking driver (including that made in the name of the G), a report on the actual status of a drinking driver (A), and a report on detection of a drinking driver (A);

1. Investigation report (29 pages for investigation records);

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

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;