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(영문) 창원지방법원 통영지원 2014.02.26 2013고단1025
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

1. Around 03:40 on November 16, 2013, the Defendant driving a motor vehicle with blood alcohol content of at least 0.086% in a section of about 500 meters from the offward parking lot located in the Gapo-dong, Gapo-dong, Mapo-dong, to the front of the Gapo-dong in the same city.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On November 16, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 03:40% of the blood alcohol concentration of 0.086%, and driven the road of one-lane in front of the solvents distance in the Asia-do at the Gyeongnam-do.

In this case, a person engaged in driving service has a duty of care to reduce speed and drive safely in a safe manner by taking into account the traffic conditions of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at the front part of the vehicle in which the Defendant drives the signal control apparatus set up in the safety zone beyond the central line at the same speed.

Ultimately, the Defendant suffered injury to the victim C (Nam, 29 years of age) who was accompanied by the foregoing occupational negligence, such as flaverization of flaver to the right side in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report, a traffic accident report, and a site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Aggravation for concurrent crimes;

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