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(영문) 창원지방법원 2013.11.12 2013고단1322
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

1. On March 25, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million from the Busan District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million from the Changwon District Court on June 15, 2009 to a fine of KRW 2.5 million for the same crime on at least two occasions.

On April 29, 2013, the Defendant, while under the influence of alcohol of 0.163% of blood alcohol concentration on April 23:45, 2013, driven B-Adi vehicle up to one kilometer in front of the Changwon-si Changwon-si Changwon-si Changwon-si, from a street in the vicinity of the water unit located in the upper south of the city of Changwon-si to a three-lane in front of the Changwon-si Council in the same city of Changwon-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B-Adidi vehicle.

On April 29, 2013, the Defendant, while under the influence of alcohol as in the preceding paragraph, driven the said car and proceeded to the left at the front intersection of the Changwon City, which is located in the window-dong of the Changwon City, from the view view distance to the cultural distance protection plane. In such a case, the Defendant is a three-distance intersection where no signal apparatus is installed, and thus, a person engaged in the vehicle driving duty has a duty of care to safely drive the said car after checking the progress of other vehicles by properly examining the front section and the left and right.

Nevertheless, the Defendant neglected this and went through the above intersection due to the negligence of the Defendant’s negligence on the part of the Defendant’s driving of the victim C(22 years of age) driving the DST3 car, which was going to the above intersection in the view of the viewing distance. The part of the Defendant’s driving of the victim C(22 years of age) was in front of the top wheeler on the operation of the said car.

Ultimately, the Defendant’s occupational negligence requires approximately 4 weeks of the victim C to provide a sulve aggregate, etc. requiring a medical treatment for about 4 weeks, and the victim E (the 19-year-old) who is the passenger of the above damaged vehicle need to provide approximately 3 weeks of medical treatment, such as the left sulna and sulna, etc., and the victim F (the 21-year-old) to the left-hand side.

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