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(영문) 창원지방법원 2016.06.30 2016고단1283
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 15, 2016, the Defendant: (a) driven a DNA siren vehicle under the influence of alcohol leveling 0.236% from the 2km section from the road near the mutual influorial restaurant located in Kimhae-si, Kimhae-si, to the front road located in Kimhae-si B, while under the influence of alcohol leveling to 0.236%.

2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving the said car sirens.

On April 15, 2016, the Defendant, while under the influence of alcohol, driven the said vehicle, and driven the three-lane road in front of the C in Kimhae-si B along the three-lane road from the right east to the right east of the road.

At the time, the Defendant followed the F-Spon vehicle driven by the preceding victim E (n, 45 years old). As such, the Defendant had a duty of care to prevent accidents in advance, such as making it well known to a person engaged in driving of a motor vehicle, maintaining safety distance, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in an excessively close vicinity to the above string vehicle, while driving the string vehicle due to the string of the vehicle, and the Defendant continued to drive the string vehicle due to the string of the vehicle, and received the rear part of the string vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by E;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (referring to causing a traffic accident by occupational negligence), Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under the influence of alcohol) concerning criminal facts;

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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