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(영문) 전주지방법원 군산지원 2013.07.03 2013고단304
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

On September 26, 2012, the Defendant was a person driving B rocketing another car. On September 26, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.063% 0,000, and driven the said car at a point of 95 km in Yongsung-gun, Sungsung-gun, Sungsung-gun, Seosung-gun, in the speed of about 90km from the west to the west of the speed of about 90km in speed.

At the time, since the vehicle was at night and the frequent passage of other vehicles was an expressway, there was a duty of care to see the left and right when changing the vehicle vehicle to a person engaged in driving of the vehicle, and to exercise the duty of care to ensure the passage of other vehicles and safely.

Nevertheless, the Defendant neglected his care and caused the victim C(the age of 68) who was driving in one lane due to the negligence of changing the vehicle from the two lanes to the one lane on the one lane on the other on the other, and caused the victim C(the age of 68) to have the truck vehicle on the two lanes in the front part of the vehicle.

The Defendant, by such occupational negligence, caused the victim C to suffer injury to brain mics, etc. in need of approximately three weeks of medical treatment, and caused the victim E (here, 65 years of age) who was on board the above cargo to suffer from duplicating of cupage necessary for medical treatment for about six weeks of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, field photographs, report on the circumstantial statement of a host driver, report on detection of a host driver, and medical certificate;

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishments, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. The punishment of imprisonment without prison labor or the crime of violating the Road Traffic Act shall be imposed on a violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;

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