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(영문) 광주지방법원 목포지원 2016.06.30 2016고단290
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle in Category B owned by the Defendant.

On October 31, 2015, while under the influence of alcohol content 0.108% in blood, the Defendant driven the above vehicle with four passengers on board at a speed of 0.108%, and continued the intersection of the shooting distance in front of the Sin-gun, Young-gun, Young-gun, Young-gun, the Sin-gun, the Sin-gun, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-do

Since there is an intersection where the signal apparatus and the left-hand turn sign is installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by left-hand turn at the time of green signal so that the traffic of other motor vehicles pursuant to the new code is not obstructed.

Nevertheless, the Defendant neglected to turn to the left by negligence on the left, and had the victim D(40) driving with the intersection in accordance with the course signals from the side of the sub-suk-do, left the right side part of the said Defendant’s vehicle.

As a result, the Defendant suffered injury to the driver of the victimized vehicle D, such as cerebral le, which requires approximately two weeks of treatment by occupational negligence, and injury to the driver F of the victimized vehicle (37 years of age) such as cerebral sil, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation, including on-site investigation records, evidence and photographs of each site, the circumstantial statement of the driver at the main place, each diagnosis report, and each investigation report;

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 on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of each business and negligence), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of drinking) of the relevant criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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