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(영문) 창원지방법원 2015.09.22 2015고단1832
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of B-learning vehicles.

On June 16, 2015, the Defendant, while under the influence of alcohol 0.202% of the blood alcohol concentration on 02:05, driven the above frighting vehicle, and driven the four-lane road in front of the home flus in the window of Changwon City, along one-lane from the side of the name square to the original square.

At the time, there are nights, and the front door is an intersection where signal lights are installed, so the driver of the vehicle has a duty of care to safely drive the vehicle by making the front door and the left and right well.

Nevertheless, the Defendant, under the influence of alcohol, neglected to proceed as it was and waiting for the signal at the front time, brought the back part of the DNA QM5 vehicle driven by the victim C (V) who was under the influence of alcohol, into the front part of the said QM5 vehicle, and due to the shock, the said QM5 vehicle had the front part of the said QM5 vehicle driven by E.

As a result, the Defendant suffered injury to the victim C, such as a scamum dump, which requires approximately two weeks of medical treatment by occupational negligence, to the victim G (the 33 years old), who is the passenger of the said taxi, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Each written diagnosis;

1. Application of each written estimate statutes;

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

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

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Road Traffic Act;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.

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