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(영문) 부산지방법원 2013.06.26 2013고단1567

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

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On January 10, 2013, the Defendant driving the above vehicle while under the influence of alcohol at around 20:20 and at least 0.136% of alcohol concentration in blood, and proceeds from driving on the fluor of the fluorian village at the Gyeongnam-si, Gyeongnam-si.

Ear to Egymba village was changed to Egymna village.

At this point, she was the one-lane road in which the width is narrow, so the defendant engaged in driving of the vehicle has a duty of care to look well at the front and rear left, and to accurately operate the steering system and the brake system, and to look safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the steering gear, and did not accurately operate the steering gear, and received roadside trees in front of the Defendant’s vehicle in front of the opposite lane.

The Defendant suffered, by these occupational negligence, from the victim D(the age of 46) and the victim E(the age of 49) respectively, a half-yearly fluoral fluoral fluoral fluor, etc. on the left side, which requires approximately 10 weeks of medical treatment, from the victim F(the age of 51) to the left fluoral fluoral fluoral fluor, etc., which requires approximately 51 weeks of medical treatment, and from the victim G(the age of 51).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of each written diagnosis (D, E, G, and F) statute;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

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

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents: Violation of the Road Traffic Act concerning the selection of imprisonment without prison labor: Selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act shall apply.