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(영문) 창원지방법원 밀양지원 2021.03.23 2021고단32
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving service of a vehicle B with low investment risk.

On December 6, 2020, the Defendant driven the above car at around 06:50 on December 6, 2020, and driven the two-lane 50.4 km away from the center of Busan Highway, which is located outside the mountain at the west-si.

At that time, it is an expressway and a new wall at that time, so in such a case, the driver of the motor vehicle had a duty of care to live well on the front door and to safely drive the steering gear and brakes by accurately manipulating them.

Nevertheless, the Defendant was driven under the influence of alcohol and was driven by the victim C(56) driver's vehicle driving at the front part of the said low-speed passenger vehicle, which was driven at the front of the said low-speed passenger vehicle due to occupational negligence that did not properly look at the front.

As a result, the Defendant suffered injury to the above victim C, such as light scopic and scopic scopic scopic scopic scopic scopic scopic scopics in need of approximately 3 weeks of treatment, and injury to the victim E (Scopic 49) who is the passenger of the above scopic scopic scopics

2. Defendant 1 driven a B-hand vehicle under the influence of alcohol concentration of 0.053% at the section of about 52 km from the main point of “G point” located in the Daegu-gu, Daegu-gu at the time indicated in the above paragraph 1 to the point of accident as indicated in the above paragraph 1.

Summary of Evidence

1. A written statement of the defendant C in court;

1. A survey report, photograph, and each diagnosis report on actual condition;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes to reports on the circumstances of drivers;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(3)3 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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