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(영문) 창원지방법원 통영지원 2016.01.22 2015고단1170
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

1. On October 24, 2015, the Defendant driven B dump truck under the influence of alcohol concentration of about 0.113% in the section of about 4km from the roads in the Jinsung-gun, Jinsung-gun to the roads in front of the common mental hospital in the old, in a case of bankruptcy, through throughout the beginning of the dump truck in the area of about 11:5 on October 24, 2015.

2. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving B dump trucks.

The defendant driving the above truck at the time of the day specified in paragraph 1, and driving the two-lane road in front C at the time of the Tong-young along the two-lane road at the front of the C in front of the C, along the two-lane road from the high-side bank.

At the time, there was a road to stop down, and there was a center line of yellow solid lines, so there was a duty of care to prevent accidents by safely driving the car in a safe manner while thoroughly driving the car in front.

Nevertheless, the Defendant neglected to do so, while drunk with 0.113% alcohol level in alcohol level, and 0.113%, the Defendant got the victim D (in South, 54 years old)'s panion part in front of the right part of the E-car operated by the victim D (the victim South, 54 years old), which was driven by the center line, and suffered injury to the victim, such as chills and tensions in need of approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on detection of a driver in charge of the primary accident, a survey report on actual traffic accident, a field photograph, and a medical certificate;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 of the Criminal Act:

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