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(영문) 창원지방법원 2015.09.02 2015고단1056

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On April 25, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Seogu District Court Branch Branch of the Daegu District Court as well as a summary order of KRW 4 million for the same crime on November 26 of the same year in the same court.

On March 14, 2015, at around 04:30, the Defendant driven a motor vehicle with blood alcohol concentration of 0.137% at the three-lanes in front of the Agency Management Office located in Seongbuk-si, Changwon-si, with the influence of alcohol concentration of 0.137% at the three-lanes in front of the Agency Management Office, and proceeded at a speed that is impossible to be known from the surface of the Changwon-si Hospital at a distance of visible death.

However, since there is a signal apparatus installed, despite the duty of care to reduce speed and operate safely by making it possible for a person engaged in driving service, the Defendant failed to discover that a victim C(33 years old) driver’s frighting car is standing in the signal signal atmosphere without neglecting the duty of care. The Defendant received the rear part of the driver’s frighting car as the front part of the driver’s frightd car.

Ultimately, the Defendant caused the victim to suffer injury, such as acute fluoral salt, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, and a notice of the completion of correction;

1. A medical certificate;

1. Previous records of judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the point of driving a drunkly: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act causing bodily injury caused by occupational negligence: Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;

1. The Criminal Act for mitigation of quantity;