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(영문) 광주지방법원 목포지원 2014.07.15 2014고단604
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C Tran vehicle.

On December 12, 2013, the Defendant driven the said car under the influence of alcohol of 0.054% with a blood alcohol concentration of 0.054% 0.05% on December 12, 2013, and led the Defendant to drive the said car at a speed of about 60 km in Sin-do as a 3-lane, Seomjin river Dolleng-si, Yannam-si, Yannam-gun, Sampo-si.

At the time, it was hard with a new wall prior to sunrise, and the road was sleeped and sleeped, so a person engaged in driving service has a duty of care to properly see the right and the right and the right while accurately manipulating the steering direction and the brake system and to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant is negligent in neglecting this and driving D Poter Cargo Vehicles.

The victim E(the age of 41) was the front part of the Defendant's car after stopping the vehicle after stopping on the road.

Ultimately, the Defendant caused the victim to suffer injury by occupational negligence, such as the pelle of the pelle executives in need of approximately 14 weeks medical treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. A fact-finding survey report, a fact-finding report on a host driver, and a report on detection of a host driver;

1. A written diagnosis of E;

1. Application of Acts and subordinate statutes governing the scene of traffic accident;

1. As to the crime in question, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, the punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the degree of injury of each selective victim for a violation of the Road Traffic Act, and the punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the defendant has the record of being sentenced to a fine twice for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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