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(영문) 창원지방법원 2014.01.21 2013고단1676
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in driving freight B.

On May 6, 2013, at around 22:35, the Defendant: (a) turned off the cargo vehicle in the vicinity of the Busan High School, which is located in the corner of the Y Kimhae-si; (b) turned down the cargo vehicle in the vicinity of the Busan High School, from the bank of the oil high school to the discharge area of the oil station. While under the influence of alcohol, the Defendant was able to drive the victim C (48 years of age) (the victim), who was going to turn normally to the left according to the car driving signal at the opposite side due to the occupational negligence of entering the intersection in front of the Busan High School, and was able to take the front part of the taxi in front of the said cargo vehicle; and (c) the victim E (49 years of age) who was crossing the said intersection by going to the front part of the said cargo vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as light fluoral dye, which requires approximately three weeks of medical treatment, and the injury to the victim E on credit, which requires approximately eight weeks of medical treatment.

2. The Defendant, while under the influence of alcohol 0.115% at the time and time set forth in the preceding paragraph, driven the said cargo at a section of about 100 meters from the road near the “Cho-Sari” road located in the Kimhae-si, Kim Jong-si, to the place of the accident described in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Part of the police statement concerning F;

1. A traffic accident report, a report on actual condition investigation, and photographs related to accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts;

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