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(영문) 광주지방법원 목포지원 2015.03.16 2015고단36
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B.

On October 11, 2014, the Defendant, while under the influence of alcohol on 0.104% of blood alcohol concentration at around 17:35, went through the first line of D in the front direction of Yannam-gun C from the west-do Office of the west-do Office to the west-do Office of the west-do Office, and went back to the alleyway next to D in order to proceed toward the opposite direction.

At the time, the Defendant was going back from the alley road and tried to enter the alley road, and there was a duty of care to see the postside well, and to accurately operate the brake and steering gear and to safely move back it.

Nevertheless, the Defendant neglected the above duty of care and received the front wheel part of the right side of the Gannam-do Office where the victim E (Nam, 87 years old) drives from the south-west Elementary School as the rear part of the loading box of the above cargo vehicle driven by the Defendant due to the subsequent negligence.

피고인은 위와 같은 업무상의 과실로 피해자로 하여금 약 7주간의 치료가 필요한 세 개의 늑골을 포함하는 다발골절, 무릎뼈의 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

1. A report on detection of a host driver;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act [limited to concurrent crimes within the scope of adding up the long-term punishments of two crimes, and the punishment shall be punished by imprisonment with prison labor: Provided, That the lower limit shall be the punishment determined for the violation of the Road Traffic Act];

1. Article 62 of the Criminal Act:

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