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(영문) 창원지방법원 통영지원 2013.10.02 2013고단459
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

[criminal power] On August 29, 2008, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act in the branch court of the Busan District Court on the same day, and on September 4, 2009, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court as a crime of violating the Road Traffic Act (driving) and received a summary order of KRW 1.5 million or more.

【Criminal Facts】

1. Around 22:13 on May 27, 2013, the Defendant driven a B Oralb while under the influence of alcohol leveling 0.103% from a distance of about 150 meters to a distance of about 0.103% from a distance of 150 meters in the vicinity of the horizontal distance in the long-gu, Sin-gu, Gyeong-gu, Sinpyeong-si to the front crosswalk of the second apartment.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of Oralba.

On May 27, 2013, at around 22:13, the Defendant driven the front line of the second apartment line, which is located in Pyeongtaek-dong, Gyeongnam-si, Gyeongnam-do, on the front line, with the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line.

At the time, since it is a night and a place where a crosswalk is installed without signal, there was a duty of care to prevent accidents, such as operating a motorcycle with a driver of the motorcycle, and driving it well to look at whether there is a person who gets on the crosswalk, etc.

Nevertheless, the Defendant, while neglecting it under the influence of alcohol as described in paragraph (1), did not avoid the victim C (Nam and 23 years of age) who dried the crosswalk, and received the victim's right-hand side part from the victim's left-hand side part, and had the victim go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as the complete escape from the part of the influence of the treatment days due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person;

1. A report on the occurrence of a traffic accident;

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