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(영문) 창원지방법원 거창지원 2014.10.01 2014고단162
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. Around 15:00 on June 4, 2014, the Defendant driven a B Committee-to-car with a blood alcohol content of at least 0.201% at the section of about 2km from the front side of the dead village located in the Gyeongnam-Seoul Socup-do Sochan-dong, to the front day of the Seoul Medical Period located in the same Eup/Myeon.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving cars at B window.

On June 4, 2014, at around 15:00, the Defendant continued to move to the right by right at a speed of about 20 km of Si speed, from the common health clinic where the one-lane road prior to the common health clinic in the Han-ri Seoul Special Medical Center is the one-lane road in front of the Han-ri Seoul Medical Center.

At this point, traffic control is not carried out, and the defendant is trying to proceed to make a right-hand way in a small road, so in such a case, the driver has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily stopping the vehicle, and to drive it.

Nevertheless, the Defendant, while being under the influence of alcohol as above, did not find a lebane driven by the victim C(37 years of age) who was going to the right from the left side of the Defendant’s vehicle at the time of the running of the vehicle, and received the front part of the lebane as the lower left side of the said vehicle.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the rupture of a scopical scopical scopical scopty for about four weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of postal service to C;

1. A report on the occurrence of a traffic accident, and on-site photographs;

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

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

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Facts constituting an offense, and Article 3 (8);

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