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(영문) 광주지방법원 목포지원 2015.12.21 2015고단1343
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant is a person who is engaged in driving a rocketing cargo vehicle B.

On August 11, 2015, at around 14:35, the Defendant driven the above cargo while under the influence of alcohol with 0.128% of alcohol concentration 0.128%, and driven the three-lane road of the Docker C in Fapo City, along the two-lanes from the 2nd square square to the Cheongho market.

At the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and brake system with the front left left by the driver of the motor vehicle, as the victim E (the 33-year old) is driving at the back of the defendant.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to act as above and tried to act as a U-turn in a two-lane, received as the part of the driver’s seat of the above O-to-beon vehicle driving by the victim driving the above one lane.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report and field photographs;

1. Notification of the control of drinking driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the 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, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. The type of crime;

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