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(영문) 창원지방법원 마산지원 2014.09.02 2014고단616
교통사고처리특례법위반등
Text

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

except that 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 a 1 ton cargo vehicle B.

On June 7, 2014, at around 03:40, the Defendant driven the above cargo while under the influence of alcohol with 0.05% of alcohol content 0.05%, and proceeded with one lane prior to the entrance of the new rural village at the seat of the designated Myeon Office, with the intention of designating the Gyeong-gun, Gyeong-gun.

At the time, it was night and its location was a pipe, so in such a case, there was a duty of care to safely drive the steering employee by accurately manipulating the front door and the left door and the left door, and accurately operating the steering employee.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, received the roadside trees on the right side of the road with the front part of the above cargo tank.

Ultimately, the Defendant suffered approximately six weeks of injury to the victim C (year 32) who was on board a cargo vehicle due to the foregoing occupational negligence, such as an external wound pleslion, and us at the same time caused the death of the victim D (year 35) who was on board as a serious stop due to two injury and pulmonary damage.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to a medical certificate, corpse inspection report;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. With respect to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act (Provided, That this shall not apply to the extent that the long-term punishment of two crimes is added up).

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