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(영문) 창원지방법원 진주지원 2015.10.06 2015고단595
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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category C cargo vehicles.

On March 18, 2015, the Defendant driven the above cargo while under the influence of alcohol 0.246% of the blood alcohol concentration of 0.55%, and proceeded to the intersection of the blind distance in front of the rear apartment of the Jinju-si, Jinju-si, who is in the direction of the Jinju-si, toward about 30km from the direction of the Jinju-si.

At this point, there was a center line of yellow-ray, and there was an intersection where traffic control is performed by signal apparatus at the front section, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed along the right side of the center line by viewing the front section and observing the signal.

Nevertheless, while the Defendant neglected to stop the vehicle while driving in violation of the stop signal while driving the vehicle while driving in violation of the stop signal, the Defendant shocked the front part of the KS5 car driven by the victim D (the age of 50) (the age of 50) driving in the opposite line facing the central line due to the negligence in the business, facing the traffic signal, into the front part of the Defendant’s cargo vehicle, and thereby, caused the damage vehicle to be pushed down by the victim F (the age of 36) who was under the stop, the front part of the GM5 car drivened by the victim F (the age of 36).

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, injury to the above victim D, such as brain salvin, which requires treatment for about two weeks, injury to salvinites, etc. in need of treatment for the above victim F for about two weeks, and injury to the victim H (V, 28 years old) who was on board the victim F’s car, for approximately two weeks.

2. On September 9, 2008, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch, etc., and on February 19, 2014, by the same court.

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