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(영문) 창원지방법원 통영지원 2015.02.12 2014고단864
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving DNA.

On May 15, 2014, at around 01:15, the Defendant, while under the influence of alcohol of 0.074% of blood alcohol concentration, driven the above Orala, and driven the intersection in front of the construction site of the elclu apartment at the Gapo-dong at a macro-si at a speed of 60km per hour at the speed of 50km between the two-lanes.

At the time of night and at the front, there was a private street crossing, so there was a duty of care to check whether a person engaged in driving service is a person who well sees the front door and the right and the right and the right and the right, and to drive safely.

Nevertheless, under the influence of alcohol, the Defendant tried to find out and avoid the victim E (the 33 years old) who cross the above road to the right side from the left side of the Defendant's running direction by negligence while neglecting it, but did not avoid it, the Defendant's Otobba did not shock the victim's left side.

As a result, the Defendant suffered injury to the victim, such as light flaverization of flaversing on the left-hand side in need of treatment for about 14 weeks due to such occupational negligence.

2. On May 15, 2014, at around 01:15, the Defendant driven a DNA dalb while under the influence of alcohol content of about 0.074% from the 4km section to the front road of the construction site of ELS apartment located in the Geropo-dong, Gero-si, Gyeongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Reports on traffic accidents, and photographs related to traffic accidents;

1. A written report from an employee of an employer;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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