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(영문) 창원지방법원 통영지원 2015.04.17 2015고단21
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:50 on October 29, 2014, the Defendant driven B Poter truck under the influence of alcohol content of approximately 0.190% in a section of about 1km from the front of a restaurant at which a lawsuit in the Gosung-gun, Gosung-gun, Gosung-gun was brought in in the Gosung-dong, Gosung-dong, Gosung-gun, Gosung-gun, a dong, located in the same Eup/Myeon, from the front of a restaurant at which it is located to the front of the house in front

2. On October 29, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), who is engaged in driving of B B Poter cargo, was driving the said cargo while under the influence of alcohol as set forth in paragraph (1) of the same Article, and led the front road of the B Poter’s house located in the Songsung-gun, Sungsung-gun, Gosung-gun, Sung-gun, Sung-gun, Sung to the speed of about 30 km from the direction of the school distance

At the time, since it was difficult for a person engaged in driving service at night, there was a duty of care for the person engaged in driving service to safely operate the steering system by accurately manipulating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not finding C Poter cargo vehicles parked on the right side of the proceeding and received the part behind C Poter cargo vehicles in front of the right side of the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim D, who was on board the Defendant’s cargo tanks due to the occupational negligence above, such as the pelle of the left pelle executives in need of approximately 14 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to accident site photographs, reports on detection of drinking drivers, blood collection reports on drinking drivers, response to requests for appraisal, and medical certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Aggravation for concurrent crimes;

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