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(영문) 창원지방법원 통영지원 2015.01.29 2014고단1018
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 May 3, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on May 3, 2007. On June 8, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court’s branch court.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a B car.

On October 21, 2014, at around 00:45, the Defendant driven the said car with a alcohol content of 0.199% 0.10%, and proceeded with the national highway No. 14 in front of the transmission at the beginning of the year of the string, using the said car as a one-lane from the rooftop bank to the high-face surface.

At night, the Defendant was at night, and the Defendant was behind the Dbeer or a car driven by the victim C(52 years old). Therefore, the Defendant was obliged to pay a duty of care to a person driving a motor vehicle to safely proceed by reducing speed in advance and accurately operating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led the victim's vehicle in front of the passenger vehicle in front of the passenger vehicle, and led the victim's vehicle in front of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

2. Around 00:40 on October 21, 2014, the Defendant driven a B knife car under the influence of alcohol content of approximately 0.199% from the 5km section to the front road in the city of 01:00 on the same day from the Gyeongnam Bank located in the Gapo-dong, Gapo-dong on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver;

1. A medical certificate;

1. A statement on criminal records, etc.;

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