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(영문) 창원지방법원 통영지원 2013.06.19 2013고단149
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch on September 17, 2010 and was sentenced to 2 years of suspended sentence for five months.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a small or medium-sized vehicle B.

On February 25, 2013, the Defendant driven the said car at a speed of 0.127% alcohol concentration on blood, around 23:10 on February 25, 2013, and proceeded at a speed of about 70 km per hour among the two-lanes at a speed of 2-lanes, from the front line at the beginning of the year in the city of Gyeongnam-do.

At all times, since the traffic control is a private intersection by signal, etc., a person engaged in driving service has a duty of care to safely drive according to traffic signals.

Nevertheless, the defendant did not stop the above vehicle under the influence of alcohol and proceeded to the left to the left from the right side of the victim C (the 26-year-old driver's license) who proceeded to the left at the right side of the DSP car in accordance with the left-hand turn due to the occupational negligence going to the right side of the front side of the DSP car, which was driven by the victim C (the 26-year-old driver's license).

The Defendant caused the victim to suffer salt, tensions, etc. by occupational negligence, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in the foregoing paragraph (1), and operated the said car within five kilometers from the front day of the tideland-gu in the tideland-dong at the same time and place under the influence of alcohol to the said point of accident.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a photograph concerning a traffic accident;

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

1. A medical certificate;

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