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(영문) 창원지방법원 진주지원 2013.06.11 2013고단466

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

[criminal power] On August 22, 2007, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act in the Changwon District Court’s Jinju branch on August 22, 2007; on July 29, 2010, the same court issued a summary order of KRW 1.5 million to the same crime; on December 26, 2012, the Defendant was charged with summary punishment of KRW 2.5 million with the same crime.

【Criminal Facts】

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

1. On March 18, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.054% without a driver’s license on March 17, 2013, the Defendant driven the said cargo at a distance of about 100 meters up to D’s long distance on the front of the Defendant’s residence located in Cheong-gun, Cheongnam-gun, Busan, without a driver’s license.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents was driving the cargo vehicle above the temporary border as set forth in paragraph 1, and led to the intersection of the distance in front of the D as set forth in paragraph 1 to the E from the Defendant’s dwelling

At all times, there was a duty of care to check and proceed with safety by checking the traffic situation of the intersection in a person engaged in driving of a motor vehicle through a private street crossing where no signal, etc. is installed.

Nevertheless, the Defendant, without a driver's license, led to the Defendant's negligence while driving a motor vehicle while under the influence of alcohol to the port right side of the Defendant's driving seat of G cargo vehicle driven by the Victim F (50 years old).

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim F, such as salt ties and tensions, etc. on the part of the drilling that requires approximately two weeks of medical treatment, and the victim H(58 years of age) who was aboard the cargo of the victim, with a pressure of acute pressure that requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Control note 1.