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(영문) 부산지방법원 동부지원 2016.08.31 2016고단1077
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a sealed truck B.

On June 4, 2016, at around 17:20, the Defendant, while under the influence of alcohol by 0.075% in front of the D convalescent Hospital located in Busan, Busan, the Defendant proceeded at approximately 40km in speed on the side of the captain, along the two-lanes to return from the captain while under the influence of alcohol by 0.075%.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, while driving under the influence of alcohol, was negligent in excessively manipulating Hands in front of the vehicle under the influence of alcohol, and caused the vehicle to be charged with the vehicle.

Ultimately, the Defendant suffered, by such negligence, the injury of the victim E (n, 61 years of age) who was accompanied by the said cargo at approximately 4 weeks of medical treatment, such as duplicating fuss, etc. of the cuplic cupture of the cuplic cupture, etc., the victim F (62 years of age) with approximately 2 weeks of medical treatment, and the injury of chest cuptures, tensions, tensions, etc., which require approximately 2 weeks of medical treatment to the victim G (hereinafter 62 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of the F or G traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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