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(영문) 창원지방법원 2014.06.24 2013고단2640
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On May 2, 2013, at around 17:40, the Defendant driven the said car while under the influence of alcohol of 0.207% with a blood alcohol concentration of 0.207%, and moved to the right bypassing to the fluorrithan ICT room in the same area as the fluorrithan industry room.

At the time, a person engaged in driving of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right, and to accurately operate the steering and the brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent by neglecting it, and was found to have been even a victim C(37 years of age) driving at the left-hand part of the front part of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as catum, fatum, etc. requiring three weeks of medical treatment, and suffered injury to the victim E (the 48 years of age) who was accompanied by the Defendant’s vehicle, such as catherum catum, tension, etc. in the treatment days.

2. On January 24, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act from the Busan District Court, and a summary order of 1.5 million won or more as a fine from the same court on January 12, 2010, respectively, at the same court on the same crime and having violated Article 44(1) of the Road Traffic Act more than twice.

Around 17:40 on May 2, 2013, the Defendant driven the said Aarburged vehicle from the “Korea Industry” located in the Kimhae-si, Kimhae-si, to a approximately 50-meter radius from the 17:40% alcohol concentration to the 0.207% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The report on the occurrence of a traffic accident, the actual survey report, the scene of an accident, and photographs of the accident vehicle;

1. Exemplary drivers;

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