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(영문) 창원지방법원 거창지원 2015.11.11 2015고단246
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

1. Around 18:50 on June 14, 2015, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.138% at a section of about 5km from the front of a restaurant located in Gohap-gun, Gyeongcheon-gun, Gyeongcheon-gun to the roads near the Gancheon-gun village in the same military.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

On June 14, 2015, the Defendant driven the above cargo vehicles at around 18:50, and led to the operation of the front road in front of the Gancheon-gun, Gyeongcheon-gun, Chungcheongnam-do, to the Myeon of Agricultural and Industrial Complex from the Myeon of the Ganbuk-gun.

It is a road of one-lane where the center line of yellow solid lines is installed as a hond road. In such a case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brake system and to safely drive the motor vehicle in compliance with it.

Nevertheless, under the influence of alcohol, the Defendant took the front side of the victim C(I, 58 years old) driving on the left side of the vehicle of the Defendant in front of the left side of the vehicle of the victim C(I, 58 years old) driving, which was driven by negligence over the center line.

As a result, the Defendant suffered injury to the victim C, such as brain-dead sugar, etc. requiring approximately 3 weeks of medical treatment from the victim E (the victim of the victimized vehicle) due to the above occupational negligence, and injury to the victim F (the victim 82 years of age) of the victimized vehicle requiring approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C Preparation of traffic accidents;

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

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. The application of the law to the investigation report (as to attachment of a medical certificate).

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