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(영문) 창원지방법원 마산지원 2016.11.09 2016고단628

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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 drives a Lone Star Cargo Vehicle.

On May 14, 2016, at around 06:50, the Defendant driven the above cargo while under the influence of alcohol of 0.122% of blood alcohol level, and proceeded with a one-lane road in front of the mountain village located in the ambri-si, Mucompo-gu, Simpo-si, Masan-si, Simpo-si.

Since there is a road where a median line is maintained at one core line, a driver of a motor vehicle has a duty of care to thoroughly operate the motor vehicle at the front line and safely operate the motor vehicle so that the accident can be prevented by safely operating the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was able to cope with the fronter of the D bus driven by the victim C, which was driven by the victim C, in the opposite direction of the Defendant’s proceeding, by breaking the central line on the bend road.

The Defendant, by such occupational negligence, suffered from the victim C with multiple scopic scoppy in need of approximately two weeks of medical treatment, the victim E, a passenger of the above bus, an injury such as the diversification of a copage in detail that requires approximately four weeks of medical treatment, and the victim F with multiple scopic scopic scopic scopic scopic scopic scopic scopic scopic scops, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of C prepared by the police;

1. A written statement prepared by E;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. The actual condition survey report;

1. A certificate of outpatient treatment for G;

1. On-site inspections and photographs related to accidents;

1. Application of each statute to C, E, and F

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

1.Article 40 of the Criminal Code of Trade and Trade.