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(영문) 창원지방법원 2016.12.23 2016고단3401
교통사고처리특례법위반(치상)등
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

The Defendant is a person who is engaged in driving a Poter vehicle B.

At around 13:10 on September 30, 2016, the Defendant driven the said vehicle without obtaining a driver's license under the influence of alcohol level of 0.05%, and led to driving of the said vehicle in front of the DNA telecom, which is located in Kim Sea C, into a tight open athletic field and an open-air side.

At the time, since the red signal, etc. was driven by a vehicle stopped on the front side, the driver of the vehicle has a duty of care to safely report the traffic situation of the front-way and prevent the accident due to the safe driving of the vehicle, despite the fact that there was an occupational duty to prevent the accident due to the negligence of driving the vehicle by neglecting it under the influence of alcohol, the Defendant got a driver behind the victim E(the age of 46) who stops in the red signal at the front of the damaged vehicle due to the negligence of driving the vehicle in the front-way by neglecting it, and the shock of the victim GM 3 (the age of 39) who stops on the front of the above damaged vehicle.

As a result, the Defendant suffered from the victims by negligence in the course of performing the above duties, such as finites in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, and a field map;

1. A medical certificate (G, E);

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes on license ledger;

1. The point of driving under the influence of alcohol without a license under Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Act on Special Cases concerning the Handling of Traffic Accidents;

1. On the other hand, Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Mutual Crimes of Violation of the Act on Special Cases concerning the Handling of Traffic Accidents, Violation of the Road Traffic Act, and Violation of the Road Traffic Act) are 1.

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