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(영문) 부산지방법원 2013.03.13 2012고단8363
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

At around 07:40 on September 1, 2012, the Defendant driven the above cargo while under the influence of alcohol of 0.109% with a blood alcohol concentration of 0.10%, and led to the flow of the Nakdong River in Busan Gangseo-gu from the front-dong to the Seosan District, which is about 45 km in speed, depending on two lanes, from the front-dong to the Seosan District.

Since a bridge is the road above a bridge and the passage of a vehicle is frequent, the defendant engaged in driving the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system and accurately.

Nevertheless, the Defendant, while under the influence of alcohol, took the back portion of the D-A-Wurt-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed,

Ultimately, the Defendant suffered, by its occupational negligence, injury to the above victim C, such as catitis, etc. requiring a medical treatment for about three weeks, and injury to the victim G(49 years old), the driver of the above fat vehicle, E, and the victim H(51 years old), each of which requires a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E preparation;

1. Statement on the occurrence of traffic accident;

1. A report on the actual state of the driver;

1. Application of each statute of diagnosis to E, H, C, and G;

1. Article 3 (1), 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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

1. Commercial concurrence;

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