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(영문) 광주지방법원 장흥지원 2013.04.11 2012고단238
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 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 B Poter cargo vehicles.

On September 21, 2012, at around 19:18, the Defendant driven the said cargo while under the influence of alcohol with 0.164% of its blood alcohol content without a driver’s license, and made the turn to the left of the left of the water from the ethic surface of the Heungung-gun, the Chung-gun, the eth of which was located in the ethic City of Heung-gun.

Since there is a left turn to the left, there was a duty of care to check the safety of the course, such as the existence of a vehicle to enter the intersection before making a left turn, and to turn to the left.

Nevertheless, the Defendant neglected to do so and did not look at whether there is a vehicle to enter the intersection, and did not find the victim C(52 years old)'s 3 freight cars in the victim C(52 years old) driving, which was going under the new subparagraph installed at the above three-distance intersection, and did not drive the victim's front part of the above cargo cars.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim C, such as salt bars, tensions, etc. requiring treatment for about two weeks, injury to the victim E (V, 47 years old) who was accompanied by the cargo of the victim C driver, for about two weeks of medical treatment, and injury to the victim FF (L, 12 years old), who was a child of the Defendant who was accompanied by the cargo of the Defendant driver, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each written diagnosis of C, E, and F;

1. A report on detection of a host driver (A);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, Article 44(1) of the Road Traffic Act concerning criminal facts (the point of sound driving).

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