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(영문) 창원지방법원 거창지원 2014.08.06 2014고단115
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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. On February 6, 2014, at around 16:25, the Defendant driven D Poter Cargo with a blood alcohol content of about 0.141% in the section of approximately 2 km from the front day of the Defendant’s livestock shed located in Chang-gun, Chungcheongnam-gun, Seoul to the front day of the Hannam-do road.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a DNA cargo vehicle.

On February 6, 2014, the Defendant driven the above cargo vehicle at a speed of 30 km from the right side to the right side of the speed of 30 km from the right side to the right side of the family in the direction of the Han-ri, Chang-gun, Chang-gu, Gyeong-ri.

At this point, since one lane is an intersection and a little stop, a person engaged in driving a motor vehicle has a duty of care to reduce speed by properly manipulating the brake system, etc., and prevent the accident by examining whether another motor vehicle is in his/her direction.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left without neglecting it, went to the right side of the F City/100 U.S. driven by the victim E (the age of 85) driving from the right side of the vehicle to the right side of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the closure of a saving hole, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A traffic accident report;

1. A general medical certificate;

1. Application of Acts and subordinate statutes on site records and photographs of traffic accidents;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the proviso to Article 3 (1) and (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents;

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