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(영문) 광주지방법원 장흥지원 2015.11.19 2015고단170
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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On August 6, 2015, at around 17:16, the Defendant was under the influence of alcohol with 0.145% of blood alcohol concentration without a driver’s license on August 6, 2015, and the Defendant was proceeding at a speed that would not be known from the surface of the land in front of the traditional apartment located in the Dolung-gu, Jeonnam-gu, Seoul Special Metropolitan City at a one-lane distance from the surface of the land in which it is difficult to find out.

At the time, the Defendant had a duty of care to maintain a safety distance for those engaged in driving service, and to prevent accidents by accurately manipulating the operation and steering gear, since the Defendant followed a dial drive by the victim C(62 years of age).

Nevertheless, the Defendant neglected to do so and found the above-mentioned passenger cars standing on the front bank due to negligence, and received the back part of the above-mentioned passenger cars with the front part of the above-mentioned cargo vehicle.

As a result, the Defendant suffered injury to the victim E (the 58 years of age) who is a passenger of the victim C and the above low-priced passenger car, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of postal statement to C;

1. The circumstantial statement report on the driver, the report on detection of the driver by the driver by the driver by the driver by the driver by the driver by the driver, the actual survey report, the evidence and photographs of traffic accidents, the inquiry report on the request for appraisal,

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licenseing) and the crimes of violation of the Road Traffic Act (the punishment specified for the crimes of drinking and the crimes of violation of the Act on Special Cases concerning the Handling of Traffic Accidents) with heavier punishment; and

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