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(영문) 창원지방법원 통영지원 2016.04.28 2016고단220
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch, and on March 11, 2010, the Defendant was sentenced to a fine of 3 million won for a crime of violating the Road Traffic Act in the Daegu District Court's Daegu District Court's support on March 11, 201, and on April 12, 201, the Defendant was sentenced to imprisonment of 6 months for a violation of the Road Traffic Act (driving), and 2 years for a suspended sentence.

Criminal facts

The defendant is a person who is engaged in driving a observer car B.

On January 10, 2016, the Defendant driven the said car under the influence of alcohol content of 0.170% during blood transfusion 0:10% on January 10, 2016, and driven the road of 3449 degrees in front of the head office of the Asia-Pacific Union, which is located in 3449 at the time of Gyeongnam-si, along with two lanes in the right direction at the right direction at the right direction.

At the time, there is a lot of traffic volume, and at the same time, a victim C(36) driver was driving a car in the front section of the Defendant’s vehicle, so in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely and by ensuring a sufficient safety distance with the vehicle ahead.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded on the front side of the Defendant’s vehicle, and the back part of the Defendant’s vehicle was led to the front part of the vehicle.

As a result, the Defendant caused the injury of the victim E (V) who was on board the observer car after the cerebral disease requiring approximately two weeks of medical treatment to the victim C due to the above occupational negligence, and suffered the injury of the victim E (V, 41 years of age) who was on board the observer car, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1.C and F 1.1.1

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