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(영문) 창원지방법원 진주지원 2013.03.12 2013고단41
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 17:55 on November 21, 2012, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.098%, and the Defendant was driving a passenger vehicle within approximately 200 meters from the front road of the Sacheon-si Sacheon-si Line, Sacheon-si to the front road of the same emulsion-do.

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 vehicles to board B.

On November 21, 2012, at around 17:55, the Defendant driven the said vehicle under the influence of alcohol, as in the foregoing paragraph 1, and driven the two-lane road prior to the Sacheon-si Sacheon-si Sacheon-si Sacheon-si Sacheon-si Sacheon-do, along the one-lane road from the slope of private high school to the embankment apartment.

At the time, there was a store including a restaurant at both sides of the road, and there was a lot of vehicles parking so that pedestrians can cross without permission. As such, there was a duty of care to ensure that the driver has a duty of care to operate the steering gear and the operation of the steering gear in a safe manner by thoroughly maintaining the steering time, maintaining the proper speed and accurately operating the steering gear and the operation of the steering gear.

Nevertheless, under the influence of alcohol, the Defendant did not find out the victim C (53 years of age) who illegally crossed the road on the right side from the left side of the running direction of the defendant, while neglecting this, and did not get the victim to go beyond the ground floor by receiving the victim from the front part of the above vehicle.

Ultimately, the Defendant caused injury to the victim by occupational negligence, such as sexual cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report ( telephone communications of a victim);

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Medical certificates and reports on serious injuries;

1. Application of statutes on field photographs;

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (2) 3 of the Road Traffic Act which choose the penalty;

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