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(영문) 창원지방법원 2015.10.28 2015고단1817
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

On April 12, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Changwon District Court's Jinju branch, and on November 20, 2008, the Defendant was issued a summary order of KRW 1.5 million for the same crime from Changwon District Court's common branch on November 20, 2008.

The defendant is a person who is engaged in driving a horse set car B.

On May 2, 2015, at around 01:45, the Defendant driven the above vehicle while under the influence of alcohol of 0.114% of blood alcohol concentration, and driven the three-lane road in front of the Agricultural Technology Center located in the name line of the window in Changwon-si, Changwon-si along three-lanes in the direction of the master intersection.

Since there is a road front of the intersection, the driver of the motor vehicle is obliged to safely drive the motor vehicle in order to prevent the accident by safely checking the front side of the road and checking whether there is a vehicle, etc. for the driver of the motor vehicle, despite the duty of care to prevent the accident in advance, the defendant neglected to do so while driving the motor vehicle as above, and the defendant was a bicycle of the victim C (51) who driven the said intersection to the front part of the motor vehicle of the defendant.

Ultimately, the Defendant caused the victim to suffer injuries, such as cage cages cages, which require approximately five weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

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

1. A medical certificate (C);

1. A written order from a host driver, a notice of completion of correction, and a statement on the status of a host driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (former records and summary orders);

1. The point of causing bodily injury resulting from occupational negligence in relation to the relevant criminal facts: Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act: Road Traffic Act;

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